My Move Mortgage, LLC v. Stephanie Bevard

Summary

The United States District Court for the District of Utah granted in part and denied as moot in part Defendant Stephanie Bevard’s motion to dismiss. The court held that venue was improper under 28 U.S.C. § 1391(b)(2) because the substantial events underlying My Move Mortgage, LLC’s breach-of-contract and related claims occurred in Arkansas rather than Utah. The complaint was dismissed without prejudice, and the Rule 12(b)(6) motion was denied as moot.

Holdings

1. Venue was improper in the District of Utah because the acts and omissions with a close nexus to My Move's breach-of-contract and related claims occurred in Arkansas, not Utah.
2. The court declined to reach the merits of the Rule 12(b)(6) motion because dismissal for improper venue resolved the case and rendered the failure-to-state-a-claim motion moot.

Questions Presented

1. Whether venue was proper in the District of Utah under 28 U.S.C. § 1391(b)(2) because a substantial part of the events or omissions giving rise to My Move's claims occurred there.
2. Whether the complaint failed to state a claim under Federal Rule of Civil Procedure 12(b)(6).

Disposition

dismissed