James M. Zanoni v. Richman Bry
Opinion
trial_court Opinion
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:24-cv-761-MOC-DCK
JAMES M. ZANONI, )
) ) Plaintiff, ) )
VS. ) ORDER
)
RICHMAN BRY, )
) ) Defendant. ) THIS MATTER comes before the Court on Defendant’s Motion to Dismiss, pursuant to FED. R. CIv. P. 12(b)(2) or, alternatively, to Transfer Venue, pursuant to FED. R. CIv. P. 12(b)(3), (Doc. No. 15). 1 BACKGROUND AND PLAINTIFF’S ALLEGATIONS Plaintiff James Zanoni is a resident and citizen of North Carolina. Defendant Richman Bry is a resident and citizen of California. The allegations in the First Amended Complaint are paraphrased here and are taken as true for the purposes of Defendant’s motion to dismiss or transfer: As of January 2013, Plaintiff, primarily a North Carolina resident, owned a second residence in Malibu, California (“the Malibu Residence’”’). Plaintiff, his spouse, and their three minor children used the Malibu Residence. In November of 2018, a fire destroyed the Malibu Residence. With his family needing alternative housing pending reconstruction of…