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Edah v. Trident Seafoods Corp.

March 12, 2007

KOMLA EDAH, PLAINTIFF,
v.
TRIDENT SEAFOODS CORP., DEFENDANT.



The opinion of the court was delivered by: Judge George C. Smith

Magistrate Judge Norah McCann King

OPINION AND ORDER

This matter is before the Court on Plaintiff's objections to Magistrate Judge King's Report and Recommendation issued on January 24, 2007, wherein she recommended that Defendant's Motion to Dismiss for Improper Venue, be granted. Pursuant to 28 U.S.C. § 636(b)(1), this Court has conducted a de novo review of the Report and Recommendation and concludes that Plaintiff's objections are without merit.

Plaintiff argues that the Magistrate Judge incorrectly interpreted Boyd v. Grand Trunk R.R. Co., 338 U.S. 263, 265 (1949), and that if Boyd were properly interpreted and applied, the venue selection provision at issue in this case is rendered unenforceable requiring denial of Defendant's Motion to Dismiss for Improper Venue. However, as Defendant correctly notes in its response to Plaintiff's objections, Magistrate Judge King concluded that Boyd is inapplicable to the case at bar. This Court agrees with the Magistrate Judge's conclusion and finds her analysis correct. Thus, for the reasons discussed in the Report and Recommendation, Plaintiff's objections, Doc. # 19, are OVERRULED. The Report and Recommendation, Doc. # 18, is hereby ADOPTED and AFFIRMED. Defendant's Motion to Dismiss for Improper Venue, Doc. # 5, is GRANTED.

This action is hereby DISMISSED.

GEORGE C. SMITH UNITED STATES DISTRICT JUDGE

20070312

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