Spiroflow Systems, Inc. v. Louisiana-Pacific Canada, LTD

Filing 20

ORDER granting 6 Motion to Change Venue to the United States District Court for the Middle District of Tennessee. Signed by Magistrate Judge David S. Cayer on 7/3/2017. (chh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Civil Action No. 3:17-CV-262-FDW-DSC

SPIROFLOW SYSTEMS, INC.,
Plaintiff,
vs.
LOUISIANA-PACIFIC CANADA,
LTD.,

MEMORANDUM AND ORDER

Defendant.
THIS MATTER is before the Court on Defendant’s “Motion to Change Venue”
(document #6) and the parties’ briefs and exhibits.
This matter has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §
636(b)(1) and this Motion is now ripe for consideration.
The parties’ May 15, 2015 Equipment Purchase Agreement contains a mandatory forum
selection clause providing that “[a]ny action…will be brought…in the courts located in
Tennessee.”
A forum-selection clause agreed upon by the parties “represents the parties’ agreement as
to the most proper forum” and “enforcement of valid forum-selection clauses, bargained for by the
parties, protects their legitimate expectations and furthers vital interests of the justice system.” Atl.
Marine Const. Co., Inc. v. U.S. Dist. Court for W. Dist. of Tex., 134 S.Ct. 568, 581 (2013). “[A]
valid forum-selection clause [should be] given controlling weight in all but the most exceptional
cases.” Id. The party opposing the forum-selection clause bears the burden of establishing that
enforcement of the clause is unwarranted. Id.

Plaintiff has failed to carry the burden of showing that the forum selection clause should
not be enforced by the Court.
For those and the other reasons stated in Defendant’s brief, the Motion to Transfer Venue
will be granted.
NOW IT IS THEREFORE ORDERED that:
1. “Defendant’s Motion to Transfer Venue” (document #6) is GRANTED.
2. The Clerk is directed to hold the file in this case until fourteen days after service of this
Memorandum and Order when the parties’ right of appeal to the Honorable Frank D. Whitney
expires. If no party appeals this Order, then the Clerk is directed to transfer this case to the United
States District Court for the Middle District of Tennessee.
3. The Clerk is directed to send copies of this Order to counsel for the parties; and to the
Honorable Frank D. Whitney.
SO ORDERED.
Signed: July 3, 2017