Pittman v. Zoar Outdoor Adventure Resort, Inc.

Filing 39

Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered. As follows: For the reasons stated, Based upon the thorough analysis presented in the Report and Recommendation, and noting there are no objections, the court, upon de novo review, hereby ADOPTS the Report and Recommendation. (Dkt. No. 36 .) Based upon this, Plaintiffs Motion to Dismiss Counterclaim for Improper Venue (Dkt. No. 11 ) is hereby DENIED. See the attached memo and order for complete details. (Lindsay, Maurice)

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS JOSEPHINE PITTMAN, * * * * * * Plaintiff, v. ZOAR OUTDOOR ADVENTURE RESORT, INC., Defendant. Civil Action No. 16-30182-MGM * * * * MEMORANDUM AND ORDER RE: REPORT AND RECOMMENDATION REGARDING PLAINTIFF’S MOTION TO DISMISS COUNTERCLAIM FOR IMPROPER VENUE (Dkt. Nos. 11 and 36) July 11, 2017 MASTROIANNI, U.S.D.J. Magistrate Judge Katherine A. Robertson has recommended the court deny Plaintiff’s Motion to Dismiss Counterclaim for Improper Venue (Dkt. No. 11). In short, Judge Robertson concluded the forum selection clause does not apply to Defendant’s counterclaim, and because Plaintiff’s claims (which were properly removed to this court) and Defendant’s counterclaim involve a common nucleus of operative facts, they should be adjudicated together in this court. The Report and Recommendation notified Plaintiff that she had fourteen days to file an objection. No objection has been filed. Based upon the thorough analysis presented in the Report and Recommendation, and noting there are no objections, the court, upon de novo review, hereby ADOPTS the Report and Recommendation. (Dkt. No. 36.) Based upon this, Plaintiff’s Motion to Dismiss Counterclaim for Improper Venue (Dkt. No. 11) is hereby DENIED. It is So Ordered. _/s/ Mark G. Mastroianni________ MARK G. MASTROIANNI United States District Judge 2

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