Neogenomics Laboratories, Inc. v. Health Discovery Corporation

Filing 22

ORDER granting 16 defendant's Motion to Dismiss Amended Petition. Plaintiff's Amended Petition is dismissed without prejudice. The Clerk is directed to transfer this case to the Jacksonville Division of the Middle District of Florid a for all further proceedings. The Clerk shall terminate all deadlines and any pending motions and close the Fort Myers file. Plaintiff shall have fourteen (14) days from the date of transfer to file a Second Amended Complaint. See Order for details. Signed by Judge John E. Steele on 6/26/2017. (AMB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
NEOGENOMICS
INC.,

LABORATORIES,

Plaintiff,
v.

Case No: 2:17-cv-54-FtM-29MRM

HEALTH
CORPORATION,

DISCOVERY

Defendant.
ORDER
This matter comes before the Court on defendant’s Motion to
Dismiss Amended Petition (Doc. #16) filed May 15, 2017.

Plaintiff

filed a Response (Doc. #19) on May 30, 2017.
I.
“A plaintiff seeking the exercise of personal jurisdiction
over a nonresident defendant bears the initial burden of alleging
in the complaint sufficient facts to make out a prima facie case
of jurisdiction.” United Techs. Corp. v. Mazer, 556 F.3d 1260,
1274 (11th Cir. 2009) (citing Posner v. Essex Ins. Co., Ltd., 178
F.3d 1209, 1214 (11th Cir.1999)).

Defendant asserts that the

Amended Petition is due to be dismissed because plaintiff has
failed

to

defendant.

assert

the

(Doc. #16.)

basis

for

personal

The Court agrees.

jurisdiction

over

Plaintiff’s Amended

Petition does not contain any personal jurisdiction allegations to

meet its initial prima facie burden.

For this reason, defendant’s

Motion to Dismiss is granted and plaintiff’s Amended Petition is
dismissed without prejudice.
Additionally,

pursuant

to

Rule

1.02(c),

“[a]ll

civil

proceedings of any kind shall be instituted in that Division
encompassing the county or counties having the greatest nexus with
the cause, giving due regard to the place where the claim arose
and the residence or principal place of business of the parties.”
M.D. Fla. R. 1.02(c).

A review of plaintiff's Amended Petition

(Doc. #10) filed on February 16, 2017, reveals that the only
connection with this division is that plaintiff is headquartered
in Fort Myers, Florida.

Because the parties agreed to arbitrate

in Jacksonville, and finding no connection to Fort Myers other
than plaintiff’s headquarters being in Fort Myers, the Court finds
that this case should be transferred to the Jacksonville Division
of the Middle District of Florida.
Accordingly, it is hereby
ORDERED:
1. Defendant’s Motion to Dismiss Amended Petition (Doc. #16)
is granted and the Amended Petition (Doc. #10) is dismissed
without prejudice.
2. The

Clerk

is

directed

to

transfer

this

case

to

the

Jacksonville Division of the Middle District of Florida
for all further proceedings.

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The Clerk shall terminate

all deadlines, any pending motions, and close the Fort
Myers file.
3. Plaintiff shall have fourteen (14) days from the date of
transfer to file a Second Amended Complaint.
DONE and ORDERED at Fort Myers, Florida, this __26th__ day of
June, 2017.

Copies:
Counsel of Record

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