United States of America For the Use of Enviroworks, Inc. et al v. Coastal Environmental Group, Inc. et al

Filing 44

MEMORANDUM AND ORDER - IT IS ORDERED: Defendants' motion to dismiss or transfer venue 37 is denied. Defendants' motion to strike plaintiff's response 42 is denied as moot. Ordered by Senior Judge Lyle E. Strom. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA FOR
THE USE OF ENVIROWORKS, INC.,
and ENVIROWORKS, INC.,
Plaintiffs,
V.
COASTAL ENVIRONMENTAL GROUP,
INC., and AEGIS SECURITY
INSURANCE COMPANY,
Defendants.

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8:11CV444

MEMORANDUM AND ORDER

This matter is before the court on defendants’ motion
to dismiss or, in the alternative, transfer venue (Filing Nos. 37
and 38) pursuant to a purported forum selection clause in the
parties’ oral contract.

There is also a motion by defendants to

strike plaintiff’s response to this motion (Filing No. 42).
No evidence has been presented to indicate that the
contract that is the basis for plaintiff’s claims actually
contained a forum selection provision or that the forum selection
provision in the parties’ expired contract was carried over into
the new contract.

Accordingly,

IT IS ORDERED: Defendants’ motion to dismiss or transfer
venue is denied. Defendants’ motion to strike plaintiff’s response
is denied as moot.

DATED this 22nd day of August, 2012.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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