Starkey v. G Adventures, Inc.

Plaintiff: Elizabeth Starkey
Defendant: G Adventures, Inc.
 
Case Number: 1:2012cv07837
Filed: October 19, 2012
 
Court: New York Southern District Court
Office: Foley Square Office
County: NewYork
Presiding Judge: Thomas P. Griesa
 
Nature of Suit: P.I.: Other
Cause of Action: 28:1332 Diversity-Personal Injury
Jury Demanded By: Both

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Date Filed#Document Text
March 27, 2014 22 Featured Case OPINION re: 10 MOTION to Dismiss Plaintiff's Complaint filed by G Adventures, Inc. Accordingly, the court finds that Starkey is bound by her contract with Gap Adventures and more specifically, by the forum-selection clause included in the "Terms and Conditions." By the terms of the contract, Starkey's claim of sexual assault is "subject to Ontario and Canadian Law and the exclusive jurisdiction of the Ontario and Canadian Courts." Thus, if Starkey wishes to continue this litigation, she must re-file her lawsuit in Ontario, Canada. The motion to dismiss is granted. This opinion resolves the motion listed as item number 10 on the docket. (Signed by Judge Thomas P. Griesa on 3/27/2014) (lmb)

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Plaintiff: Elizabeth Starkey
Represented By: Elliot Bruce Pasik
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Defendant: G Adventures, Inc.
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