Salisbury Cove Associates

2002 | Cited 0 times | D. Maine | June 27, 2002

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

The United States Magistrate Judge having filed with the Court on May 23, 2002, with copies to counsel, her Recommended Decision on Defendants Johnson and Milton, Johnson's Motion to Dismiss (Docket No. 11); and Plaintiff having filed its objection thereto on June 4, 2002, (Docket No. 12), to which objection Defendants Johnson and Milton, Johnson filed their response on June 17, 2002 (Docket No. 13); and this Court having reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; and this Court having made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision, and concurring with the recommendations of the United States Magistrate Judge for the reasons set forth in her Recommended Decision, it is ORDERED as follows

(1) Plaintiff's objection is hereby DENIED;1

(2) The Recommended Decision of the Magistrate Judge is hereby AFFIRMED;

(3) The Motion to Dismiss Counts VII and VIII against Defendants Johnson and Milton, Johnson for lack of personal jurisdiction and improper venue is hereby GRANTED.

Dated at Portland, Maine this 27th day of June, 2002.

1. It causes some momentary confusion that Plaintiff, in its Objection to Recommended Decision (Docket No. 12), states that it "does not object to the Magistrate Judge's recommended dismissal of Count VIII, stating a claim for legal malpractice." Id. at 3. Plaintiff then proceeds to assert and argue on behalf of an objection to the recommended dismissal of Count VII. Id. at 3-7. However, in its conclusion "Atlantic respectfully asserts that the Magistrate Judge incorrectly recommended the dismissal of Counts VII and VIII of its complaint." Id. at 7. (Emphasis added.) In the face of the assertion that there is no objection to the recommended dismissal of Count VIII and the lack of any argumentation in support of such an objection, the Court CONCLUDES that the latter reference on page seven of Plaintiff's Objection to that recommendation is an error.

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