Bates v. Freedom Motors

Filing 7

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 6/25/13. (SAC )

FILED
2013 Jun-25 AM 11:21
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BARBARA BATES,

}
}
}
}
}
}
}
}
}
}
}
}

Plaintiff,
v.
FREEDOM MOTORS, INC.
Defendants.

CIVIL ACTION NO.
2:13-cv-0514-WMA

MEMORANDUM OPINION
Before this court is a motion to dismiss filed by defendant
Freedom Motors, Inc., (“Freedom”), on April 10, 2013. Doc. 3.
Freedom says that this action should be dismissed under 12(b)(3)
because the purchase order signed by plaintiff, Barbara Bates
(“Bates”), included a forum selection clause requiring any related
dispute to be filed in a state or federal court in Michigan.

The

court ordered Bates to respond to defendant’s motion on or before
April 26, 2013. Doc. 4.

After plaintiff filed and the court

granted two motions for extensions of time, the deadline for her to
file her response was June 21, 2013. Because the deadline has
passed with no response from Bates, and because Freedom’s motion is
well-taken, the motion to dismiss will be granted in a separate
order.

Done this 25th day of June, 2013.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE