Republic Crane and Equipment Company v. Liebherr Mining & Construction Equipment, Inc.

Filing 16

ORDER denying 5 Motion to Dismiss; granting 5 Alternative MOTION to transfer venue. This matter shall be transferred to the United States District Court for the Eastern District of Virginia.. Signed by Senior Judge Graham Mullen on 9/19/2016. (tmg) [Transferred from North Carolina Western on 9/20/2016.]

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16CV499-GCM
REPUBLIC CRANE AND EQUIPMENT
COMPANY,

)
)
)
Plaintiff,
)
)
vs.
)
)
LIEBHERR MINING & CONSTRUCTION
)
EQUIPMENT, INC. d/b/a LIEBHERR
)
CONSTRUCTION EQUIPMENT CO.,
)
)
Defendant.
)
__________________________________________)

ORDER

This matter is before the Court upon Defendant’s Motion to Dismiss or Transfer (Doc.
No. 5). The agreements at issue in this case contain a mandatory forum-selection clause in
which the parties agreed to submit to the exclusive jurisdiction of the state and federal courts in
Newport News, Virginia. The Plaintiff has filed a response to Defendant’s motion indicating
that it does not object to the transfer of this action to the United States District Court for the
Eastern District of Virginia. Accordingly,
IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss is DENIED and the
Motion to Transfer is hereby GRANTED. This matter shall be transferred to the United States
District Court for the Eastern District of Virginia.

Signed: September 19, 2016