Lincoln v. MX Technologies, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CALVIN LINCOLN III, individually and No. 2:23-cv-00806-MCE-CSK on behalf of all others similarly situated, 12 Plaintiff, MEMORANDUM AND ORDER v.
MX TECHNOLOGIES, INC.,
15 Defendant. 16 17 Through the present action, Plaintiff Calvin Lincoln III (“Plaintiff”), on behalf of himself and all others similarly situated, seeks both an injunction and damages against Defendant MX Technologies (“Defendant” or “MX”) for Defendant’s alleged violations of federal, California, and Utah law. Presently before the Court are Defendant’s Motion to Dismiss (ECF No. 25) and Motion to Change Venue (ECF No. 26). For the following reasons, the Motion to Change Venue is GRANTED, and the Motion to Dismiss is DENIED as moot.1 /// /// 27 1 Because oral argument would not have been of material assistance, the Court ordered this matter submitted on the briefs. E.D. Local Rule 230(g). BACKGROUND 2 Plaintiff’s claims arise out of his usage of Defendant’s…