Gannon v. Medtronic, Inc.
| Patrick Gannon |
| Medtronic, Inc. |
| 1:2017cv10389 |
| March 8, 2017 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Middlesex |
| Rya W. Zobel |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
29
Judge Rya W. Zobel: ORDER entered. The court regrets having failed to observe the deadline for filing an opposition under Local Rule 7.1(b)(2). Having reviewed the opposition (Docket # 28), I nonetheless adhere to my previous order (Docket # 27) ALLOWING, without prejudice, defendant's motion to dismiss (Docket # 10). (Gioia, AnaMaria)
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Filing
27
Judge Rya W. Zobel: ORDER entered. Pursuant to Federal Rule of Evidence 201, I take judicial notice of the October 16, 2017, decision of the United States District Court of Minnesota in related proceedings between the same parties as in the above-ca ptioned matter. Docket # 26-1 (Case no. 17-cv-00943). Because the Minnesota decision is dispositive of the issues in this case, defendants motion to dismiss (Docket # 10) is ALLOWED. See Claudio-De Leon v. Sistema Universitario Ana G. Mendez, 775 F. 3d 41, 46 (1st Cir. 2014) (treating a motion to dismiss based on a forum selection clause as a motion alleging the failure to state a claim for which relief can be granted under Rule 12(b)(6)). Judgment may be entered dismissing this action without prejudice.(Gioia, AnaMaria)
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