Public Service of New Hampshire v. Time Warner Entertainment Company, L.P.

Filing 17

ORDER denying 4 Motion to Remand. So Ordered by Judge Paul J. Barbadoro.(jna)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Public Service Company
of New Hampshire
v.

Case No. 12-CV-98-PB

Time Warner Entertainment
Company, L.P.

O R D E R
The choice of forum clause on which the motion to remand is
based plainly and unambiguously requires an action
agreement to be brought in state court.
limit a defendant's right of removal.

under the

It does not, however,
Further, the contract

clause requiring Time Warner to submit to the jurisdiction of
any court wherein an action has been commenced against PSNH and
Time Warner has indemnified PSNH merely obligates Time Warner to
waive any personal jurisdiction challenge to such an
indemnification action.

It too does not purport to limit Time

Warner's right of removal.

The parties do not cite to any

persuasive extrinsic evidence that addresses the issue, and any
contrary case law cited by PSNH is unpersuasive.

Because the

clause in question does not restrict Time Warner's right of

removal, and PSNH does not otherwise argue that removal was
improper, its motion to remand (Doc. No. 4) is denied.
SO ORDERED.

/s/Paul Barbadoro
Paul Barbadoro
United States District Judge

May 7, 2012
cc:

Charles P. Bauer, Esq.
Eric Graham Moskowitz, Esq.
David Anderson, Esq.