LAFAYETTE INTERNATIONAL, INC. v. TAKE 5, (D.Minn. 2002)

MICHAEL J. DAVIS, United States District Court

This matter is before the Court on Defendant's motion to (1) dismiss the Counts I and V through VIII of the Complaint for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6); (2) dismiss the remainder of the Complaint pursuant to Fed.R.Civ.P. 12(b)(3) and 28 U.S.C. § 1406(a); and alternatively (3) transfer the case to the United States District Court for the District of Nevada pursuant to 28 U.S.C. § 1404(a). In the underlying lawsuit, Plaintiff Lafayette International, Inc. asserts claims under the Minnesota Franchise Act, and claims for unjust enrichment, recoupment, estoppel and fraud and misrepresentation. Defendant argues that a dismissal of Plaintiff's Minnesota Franchise Act claim should result in the enforcement of a forum selection clause that the parties had previously agreed upon.

Based on a review of the files, records and proceedings herein, IT IS HEREBY ORDERED THAT:

1. Defendants' motion to dismiss Plaintiff's claim under the Minnesota Franchise Act GRANTED and therefore

2. This matter is transferred to the United States District Court for the District of Nevada.

LET JUDGMENT BE ENTERED ACCORDINGLY