Sarmiento

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS FOR IMPROPER VENUE

I. INTRODUCTION

Plaintiff Luis Sarmiento (“Plaintiff’ or “Sarmiento”) brings this action against Defendant BMG Entertainment (“Defendant” or “BMG”) alleging three causes of action: 1) breach of employment agreement; 2) breach of implied covenant of good faith and fair dealing; and 3) failure to pay wages due. By the instant motion, Defendant seeks to dismiss the action for lack of proper venue under Federal Rule of Civil Procedure 12(b)(3). Defendant claims that the parties’ agreement contained a forum selection clause that provided for any litigation to be filed in New York, and that the forum selection clause must be enforced.

II. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff is a composer and music executive who has held various positions at BMG since 1982. Declaration of Frank Martinez (“Martinez Deck”), Ex. E (Complaint) ¶ 10. In 1990, Sarmiento was promoted to Director of Artist and Repertoire (“A & R”) of BMG Argentina. Id. In December 1999, Sarmiento and BMG entered into a written agreement for Sar-miento’s employment as Director of A & R of BMG U.S.’ Latin division. Id. ¶ 11; Martinez Deck, Ex. A. On April…