Attorney requests case be moved to U.S. District Court, removed from Waldo County Superior

Athena Point Lookout files notice of removal in response to Montana couple’s lawsuit

Posted:  Wednesday, May 23, 2018 - 10:15pm
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BELFAST — Athena Point Lookout, LLC (APL) filed a notice of removal in response to the lawsuit brought against the company by a Montana couple who had planned to buy the Northport property.

The documents were filed in Waldo County Superior Court May 18 by attorney Eric J. Wycoff, of Portland, who is representing APL in the suit.

The lawsuit, filed by David J. and Tami L. Hirschfeld, of Choteau, Montana, alleges that despite reaching an unofficial, but legally binding agreement, representatives for APL re-negged on the $7 million dollar sale.

The civil suit asked for several things to remedy the situation, including that APL follow through with the sale amount they had agreed upon in what they say was an unofficial, but binding agreement.

The property in question is officially known as Point Lookout Resort and Conference Center, and like APL, is owned by athenahealth, Inc. (Athena). Comprising 387 acres situated on a mountainside, the property is at 67 Atlantic Highway in Northport.

The notice of removal requests that the civil suit be removed from Waldo County Superior Court, where it was filed, and moved to the United States District court system for the District of Maine. A number of factors are given in support of the move, including the fact that none of the parties involved resides in Maine.

While the Hirschfelds hail from Montana, “because [APL] is an unincorporated association, citizenship of its members determines its citizenship for purposes of diversity jurisdiction,” the document states.

Athenahealth, Inc., which is “the sole member of Defendant,” is a corporation organized under the laws of Delaware and with its principal place of business in Massachusetts.

Executive Director of Environment for athenahealth, Inc., Mark Blair, also submitted a declaration in support of the notice of removal.

Blair, who works at the company’s headquarters in Watertown, Massachusetts, wrote that he declares under the penalty of perjury that the information included in the notice is true.

Copies of the notice of removal were also sent to the U.S. District Court in Bangor and to Dana F. Strout, the Rockport attorney representing the Hirschfelds in the suit.

Strout has 20 days from the May 18, filing date of the notice of removal to respond.  


Erica Thoms can be reached at news@penbaypilot.com