Daniel M. Thelen v. First Choice Professionals, LLC

Summary

The court denied the defendant’s motion to dismiss for improper venue but granted its alternative motion to transfer under 28 U.S.C. § 1404(a). It held that the Employment Agreement’s mandatory forum-selection clause covering Maricopa County, Arizona, applied to the plaintiff’s contract and North Carolina Wage and Hour Act claims and was valid and enforceable. The court ordered transfer to the United States District Court for the District of Arizona.

Holdings

1. Dismissal under Rule 12(b)(3) or transfer under 28 U.S.C. § 1406(a) is improper when venue is otherwise proper in the district of filing; § 1404(a) is the exclusive vehicle for enforcing a forum selection clause designating another federal forum.
2. The forum selection clause is mandatory because it uses language granting 'sole and exclusive jurisdiction' to the designated forum.
3. The forum selection clause applies to the plaintiff's breach of contract and NCWHA claims because they 'arise under' the Employment Agreement.
4. The forum selection clause is valid and reasonable, as the plaintiff failed to make a clear showing that enforcement would be unreasonable under the circumstances.
5. The case should be transferred to the United States District Court for the District of Arizona pursuant to 28 U.S.C. § 1404(a) because the valid forum selection clause is controlling and public interest factors favor transfer.

Questions Presented

1. Whether the forum selection clause in the Employment Agreement is mandatory.
2. Whether the forum selection clause is applicable to the plaintiff's breach of contract and NCWHA claims.
3. Whether the forum selection clause is valid and reasonable.
4. Whether the case should be transferred under 28 U.S.C. § 1404(a) pursuant to the forum selection clause.

Disposition

reversed_and_remanded