Papenthien
Papenthien v. Papenthien
Opinion
Opinion
Rhoades, J.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
I. Overview
Defendant has filed a Motion for Summary Judgment. For the reasons stated below, the Court grants the motion.
II. Background
Plaintiff Barbara F. Papenthien married Defendant Michael R. Papenthien in July 1983 and lived with him in Carlsbad, California. Plaintiff separated from Defendant ten years later and moved to New York, while Defendant moved to Illinois. The parties divorced in 1998.
On February 25, 1994, Plaintiff sued Defendant in this Court, claiming that Defendant had physically abused her. Plaintiff alleged state-law causes of action for assault, battery, and intentional infliction of emotional distress. Plaintiffs Complaint alleged only one specific incident: Plaintiff alleged that Defendant had attacked her in a hotel room in Hong Kong on February 25, 1993 at 1:30 a.m. Plaintiff claims that Defendant punched her, choked her, and pushed her jaw into her face so hard that he fractured her mandibular discs, causing permanent damage.
Defendant brought a motion to dismiss for improper venue. Defendant argued that because the only incident Plaintiff had alleged took place in Hong Kong, and neither…