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Clean Harbors Environmental Services, Inc. v. Klondex Gold & Silver Mining Co.

Superior Court of Massachusetts, Norfolk

June 26, 2017

Clean Harbors Environmental Services, Inc.
v.
Klondex Gold & Silver Mining Co No. 137271

          Filed June 29, 2017

          MEMORANDUM OF DECISION

          Michael D. Ricciuti, Justice of the Superior Court.

         Plaintiff Clean Harbors Environmental Services, Inc. (" Clean Harbors") is a Massachusetts corporation. It brings this action against defendant Klondex Gold & Silver Mining Co. (" Klondex"), a Nevada corporation, alleging that Klondex failed to pay invoices in breach of a contract with Clean Harbors. Klondex moves to dismiss for lack of lack of personal jurisdiction under Rule 12(b)(2), Mass.R.Civ.P., or alternatively for dismissal on forum non conveniens grounds.

         In consideration of the parties' memoranda of law and illuminating oral arguments, and for the reasons that follow, the Court concludes that it does not have jurisdiction over this matter. Accordingly, Klondex's motion to dismiss is ALLOWED .

         FACTS

         In considering a motion to dismiss, the Court takes as true the allegations of the complaint, as well as such inferences as may be drawn from them in favor of the non-moving party. Warner-Lambert Co. v. Execuquest Corp., 427 Mass. 46, 47, 691 N.E.2d 545 (1998). In analyzing a motion to dismiss under Rule 12(b)(2), the court may properly consider materials outside of the pleadings, including affidavits and attachments. Heins v. Wilhelm Loh Wetzlar Optical Machinery GMBH & Co. KG., 26 Mass.App.Ct. 14, 15, 522 N.E.2d 989 (1988).

         The relevant facts as revealed in the record are largely undisputed.

         Parties

         Clean Harbors is a Massachusetts corporation with a principal place of business in Norwell, Massachusetts, and a permanent place of business in Weymouth, Massachusetts.

         Since 2002, Clean Harbors has been qualified to transact business in Nevada and has a registered office in Nevada. Since 2006, Clean Harbors has been licensed with the Nevada State Contractors Board to do business as a contractor in Nevada.

         Klondex is a corporation organized under the laws of Nevada. Its registered office and principal place of business is in Nevada. Leaving aside what occurred in this case, Klondex does not transact business in Massachusetts. It does not have, and has never had, any employees or registered agents in Massachusetts, does not maintain and has never had any bank accounts in Massachusetts, and has not owned and does not currently own real or personal property in Massachusetts.

         Klondex operates the Fire Creek Mine in Lander County. Nevada.

         Contract Negotiation

         In August and September 2015, Klondex and Clean Harbors began discussions for Clean Harbors to perform work on behalf of Klondex at the Fire Creek Mine. The negotiations occurred exclusively between Clean Harbor's Nevada office and Klondex in Nevada. No one from Clean Harbors in Massachusetts negotiated with Klondex; indeed, no letters, ...


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