Opinion
CASE NO. 1:21-cv-00522
05-25-2021
JO ANN SWAIN, Plaintiff, v. ARAMARK SPORTS AND ENTERTAINMENT SERVICES, LLC, Defendant.
OPINION & ORDER
[Resolving Doc. 4] :
Plaintiff Jo Ann Swain sustained injuries while on a bus tour in Alaska. Swain sues the bus tour operator, Defendant Aramark Sports and Entertainment Services, LLC ("Aramark").
Doc. 1.
Doyon/Aramark Denali National Park Concession Joint Venture ("Doyon/Aramark") appeared on behalf of Defendant Aramark, asserting it was the proper defendant. According to Doyon/Aramark, it operated the bus tour, not Aramark.
Doc. 4.
Id.
Doyon/Aramark moves to dismiss Plaintiff's complaint for lack of personal jurisdiction. In support of its motion to dismiss, Doyon/Aramark claims that the Doyon/Aramark joint venture has insufficient contacts with Ohio to support personal jurisdiction. Doyon/Aramark makes no argument specifically related to whether its participants, Doyon and Aramark have Ohio contacts.
In the alternative, Doyon/Aramark moves to transfer venue to the Federal District Court for the District of Alaska. Plaintiff opposes.
Id.
Doc. 8.
For the following reasons, the Court DENIES Doyon/Aramark's motion.
I. Discussion
Doyon/Aramark says it is a joint venture between Aramark and Doyon Limited, licensed to do business in Alaska.
Doc. 4-2. Doyon/Aramark does not establish it is a limited liability company or corporation.
In Alaska, "the association of two or more persons to carry on as co-owners a business for profit formed a partnership, whether or not the persons intended to form a partnership." Further, "all partners are liable jointly and severally for all obligations of the partnership unless otherwise agreed by the claimant or provided by law."
Alaska Stat. § 32.06.306. --------
Doyon/Aramark is a partnership between Aramark and Doyon Limited. Aramark is jointly and severally liable for Doyon/Aramark's obligations. Accordingly, Aramark is a proper defendant to Plaintiff's suit.
II. Conclusion
For the foregoing reasons, the Court DENIES Doyon/Aramark's motion to dismiss or transfer venue. Doyon/Aramark is not a party to this suit. Defendant Aramark is the proper defendant.
IT IS SO ORDERED. Dated: May 25, 2021
s/ James S . Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE