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UNITED STATES DISTRICT COURT DISTRICT OF MAINE JOHN E. SPENLINHAUER,
ET AL.,

PLAINTIFFS v. R.R. DONNELLEY & SONS COMPANY, ET AL., DEFENDANTS

) ) ) ) ) ) ) ) ) )

CIVIL NO. 08-13-P-H

ORDER ON PLAINTIFFS' MOTION TO REMAND The outcome of the plaintiffs' motion to remand depends upon the interpretation of a forum selection clause to which the parties agreed when they entered into their stock purchase agreement. The clause provides:
Section 9.9 SUBMISSION TO JURISDICTION; SELECTION OF FORUM. EACH PARTY HERETO AGREES THAT IT SHALL BRING ANY ACTION OR PROCEEDING IN RESPECT OF ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTAINED IN OR CONTEMPLATED BY THIS AGREEMENT, WHETHER IN TORT OR CONTRACT OR AT LAW OR IN EQUITY, EXCLUSIVELY IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, THE SUPREME COURT OF THE STATE OF NEW YORK FOR THE COUNTY OF NEW YORK OR THE COURTS OF THE STATE OF MAINE (THE "CHOSEN COURTS") AND (I) IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE CHOSEN COURTS, (II) WAIVES ANY OBJECTION TO LAYING VENUE IN ANY SUCH ACTION OR PROCEEDING IN THE CHOSEN COURTS, (III) WAIVES ANY OBJECTION THAT THE CHOSEN COURTS ARE AN INCONVENIENT FORUM OR DO NOT HAVE JURISDICTION OVER ANY PARTY HERETO AND (IV) AGREES THAT SERVICE OF PROCESS UPON SUCH PARTY OR SUCH PARTY'S AUTHORIZED AGENT IN ANY

SUCH ACTION OR PROCEEDING SHALL BE EFFECTIVE IF NOTICE IS GIVEN IN ACCORDANCE WITH SECTION 9.3 OF THIS AGREEMENT.

Pls.' Mot. to Remand, Ex. 1

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Maine Law