LEWIS v. PIKE

2004 | Cited 0 times | D. Maine | April 26, 2004

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

The United States Magistrate Judge filed with the Court on March 23,2004 her Recommended Decision (Docket No. 19). The Defendant filed hisobjections to the Recommended Decision on April 9, 2004 (Docket No. 20)and Plaintiff filed his response to those objections on April 23, 2004(Docket No. 21). I have reviewed and considered the Magistrate Judge'sRecommended Decision, together with the entire record; I have made ade novo determination of all matters adjudicated by theMagistrate Judge's Recommended Decision; and I concur with therecommendations of the United States Magistrate Judge for the reasons setforth in her Recommended Decision, and determine that no furtherproceeding is necessary. 1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED.

2. Defendant succeeds in establishing that Argentina affords a suitable forum for this litigation, when it comes to the relevant private and public interests, the scales tip in favor of an American forum. Private interests favor this forum; public interests may slightly favor the Argentine forum. The Court cannot conclude that the interests at stake in this litigation "strongly favor" litigation in an Argentine forum. Defendant's Motion to Dismiss (Docket No. 12) is DENIED.

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