Tierney v. Gaudrault et al
| Neil E Tierney |
| John Gaudrault, Michael R. Sobon, O'Connell Oil Associates, Inc., Global Montello Group Corp. and LPJ Donuts, Inc. |
| 3:2017cv30125 |
| September 15, 2017 |
| US District Court for the District of Massachusetts |
| Springfield Office |
| Berkshire |
| Mark G. Mastroianni |
| Franchise |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
33
Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered as follows: For the reasons stated, the court, upon de novo review, hereby ADOPTS the Report and Recommendation. (Dkt. No. 31 .) Based upon this, Defendants Motion to Dismiss (Dkt. No. 15 ) is hereby ALLOWED IN PART. Plaintiffs claims under the PMPA are dismissed with prejudice. The court declines to exercise supplemental jurisdiction over the remaining state law claims and dismisses those claims without prejudice. In addition, the court DENIES AS MOOT Plaintiffs Motion for Judgment on the Pleadings (Dkt. No. 21 ) and Plaintiffs Motion for Injunctive Relief (Dkt. No. 26 ). This case may now be closed. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)
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