LaCrue v. Vexus Fiber, LLC

Summary

The United States District Court for the Western District of Missouri denied Vexus Fiber, LLC’s motion to dismiss a putative consumer class action or transfer it to the Northern District of Texas. The court held that venue was proper in the Western District of Missouri because Vexus consented to personal jurisdiction in Missouri through its customer agreement, making it a Missouri resident for purposes of 28 U.S.C. § 1391(c)(2).

Holdings

1. Venue was proper in the Western District of Missouri because Vexus consented to personal jurisdiction in Missouri courts through its customer agreement and therefore was deemed to reside in Missouri for venue purposes under 28 U.S.C. § 1391(c)(2).
2. Dismissal or transfer was not warranted because venue was proper in the Western District of Missouri.

Questions Presented

1. Whether venue was proper in the Western District of Missouri under 28 U.S.C. § 1391(b)(1) because Vexus was deemed to reside there for venue purposes under § 1391(c)(2).
2. Whether the action should be dismissed for improper venue or transferred to the Northern District of Texas under 28 U.S.C. § 1406(a).

Disposition

other