Arena Food Service, Inc., Angelo Yannone, Anthony Yannone, Anna Yanone, Jill Bonnette, Shaun Moore, and Sherri Madonia v. The Estate of Linda Yannone and Brian McNamara, in his capacity as the Personal Representative of the Estate

Summary

The United States District Court for the Central District of Illinois denied Defendants’ motion to transfer the action to the Middle District of Florida. The court held that venue was proper in the Central District of Illinois because a substantial part of the events underlying the dispute over Arena Food Service’s shareholders’ agreement occurred there. The court also concluded that Defendants had not shown that convenience and the interests of justice warranted transfer under 28 U.S.C. § 1404(a).

Holdings

1. Venue was proper in the Central District of Illinois because a substantial part of the events or omissions giving rise to the claims occurred there.
2. Section 1406(a) did not apply because venue in the Central District of Illinois was proper.
3. Transfer was not warranted because defendants failed to show that the convenience of the parties and witnesses and the interests of justice required transfer.
4. The forum-selection clause was not binding in this action because it applied only to some of the parties, but it remained relevant and supported the conclusion that material events occurred in the Central District of Illinois.

Questions Presented

1. Whether venue was proper in the Central District of Illinois under 28 U.S.C. § 1391(b)(2).
2. Whether the action should be dismissed or transferred under 28 U.S.C. § 1406(a) because venue was allegedly improper.
3. Whether convenience of the parties and witnesses and the interests of justice required transfer to the Middle District of Florida under 28 U.S.C. § 1404(a).
4. Whether the Shareholders' Agreement's Sangamon County forum-selection clause was binding on all parties.

Disposition

denied