Lynk Remote Technologies, LLC v. Sky Harbour, LLC

Summary

The United States District Court for the Southern District of California denied Sky Harbour, LLC’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(3). The court held that a forum-selection clause does not establish improper venue under 28 U.S.C. § 1391 and that, under Atlantic Marine Construction Co. v. U.S. District Court, Rule 12(b)(3) is not the proper procedure for enforcing such a clause when venue is otherwise proper. The court declined to decide whether the clause was enforceable because venue was proper and the issue was not adequately briefed.

Holdings

1. Rule 12(b)(3) cannot be used to dismiss an action based solely on a forum-selection clause when the action falls within one of the venue categories in 28 U.S.C. § 1391(b).
2. Venue was proper in the Southern District of California under 28 U.S.C. § 1391(b)(2) because a substantial part of the events or omissions giving rise to the claim occurred there.

Questions Presented

1. Whether a defendant may use Federal Rule of Civil Procedure 12(b)(3) to dismiss an action based on a forum-selection clause when venue is otherwise proper under 28 U.S.C. § 1391(b).
2. Whether venue was proper in the Southern District of California because a substantial part of the events or omissions giving rise to the claim occurred there.

Disposition

other