NORTH AMERICAN COMMUNICATIONS, INC. et al v. ECLIPSE ACQUI INC.
Filing
24
MEMORANDUM OPINION AND ORDER - upon consideration of Eclipse's Motion to Dismiss under Rule 12(b)(3), which the Court also construes as a motion to transfer venue, and for the reasons set forth in the accompanying Memorandum Opinion, it is HEREB Y ORDERED AS FOLLOWS: The Court will GRANT in PART, and DENY in PART, Eclipse's motion (ECF No. 8 ). Specifically, the Court will DENY Eclipse's Motion to Dismiss under Rule 12(b)(3). However, the Court will GRANT Eclipse's motion to transfer venue to the Northern District of Georgia. Accordingly, this action at Docket No. 3:17-cv-167 is HEREBY TRANSFERRED to the Northern District of Georgia. The Clerk is directed to transfer this action to the Northern District of Georgia, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 1/31/2018. (dlg)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF PENNSYLVANIA
NORTH AMERICAN
COMMUNICATIONS, INC., et al,
)
)
CIVIL ACTION NO. 3:17-167
)
Plaintiffs,
)
)
v.
JUDGE KIM R. GIBSON
)
)
ECLIPSE ACQUI INC.,
)
)
)
Defendant.
)
MEMORANDUM OPINION
I.
Introduction
Pending before the Court are (1) a Motion to Dismiss under Rule 12(b)(3), which the Court
also construes as a motion to transfer venue, 1 (2) a Motion to Dismiss under Rule 12(b)(6), and
(3) a Motion to Strike under Rule 12(f)-all filed by Defendant Eclipse Acqui, Inc. ("Eclipse").
These motions have been fully briefed (see ECF Nos. 9, 10, 11) and are ripe for disposition.
For the reasons that follow, the Court will deny Eclipse's Motion to Dismiss under Rule
12(b)(3). However, the Court will grant Eclipse's motion to transfer this case to the Northern
District of Georgia. Because the Court will transfer this case to the Northern District of Georgia,
the Court will not rule on Eclipse's remaining motions.
Eclipse's brief does not cite either of the venue transfer statutes. See 28 U.S.C. § 1404(a); 28 U.S.C. § 1406.
However, Eclipse requests, as an alternative to dismissal, that this Court transfer venue. Accordingly, the
Court construes Eclipse's Motion to Dismiss to include a motion to transfer venue.
1
II.
Jurisdiction
The Court has subject-matter jurisdiction because the parties are diverse and the amount
in controversy exceeds $75,000. 28 U.S.C. § 1332.
III.
Background
A.
Factual Background2
North American Communications, Inc. ("NAC") entered into a Loan and Services
Agreement (the "Loan Agreement") with AloStar Bank of Commerce (" AloStar") on May 29,
2015. (ECF No. 1 at
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