Cole v. Central States, Southeast & Southwest Areas Health & Welfare Fund
District Court, D. Massachusetts
1Opinion of the Court
ORDER
WOLF, District Judge.
The court has considered the June 28, 2001 Report and Recommendation of the Magistrate Judge and the defendant’s objections to it. The issue of whether venue in Massachusetts is proper pursuant to 29 U.S.C. § 1132(e)(2) because the breach took place in Massachusetts is challenging. However, this question would be moot if Massachusetts is a jurisdiction “where [the] defendant ... may be found.” See 29 U.S.C. § 1132(e)(2). As the Magistrate Judge wrote, discovery is required to develop the information necessary to decide if the defendant is “found” in Massachusetts for…
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