Abrams Shell v. Shell Oil Co.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS OR TRANSFER VENUE TO THE SOUTHERN DISTRICT OF TEXAS

Shell-branded petroleum franchise dealers have brought a putative class action on behalf of an alleged nationwide class of similarly-situated franchisees, asserting that Defendants (their franchisors and affiliates) violated the Petroleum Marketing Practices Act (“PMPA”). Defendants have filed three motions to dismiss: (1) to dismiss and/or transfer on the basis of improper venue (the “Venue Motion”); (2) to dismiss Defendant Motiva for lack of proper personal jurisdiction (the “Jurisdiction Motion”); and (3) to dismiss Defendants Shell and Equiva for failure to state a claim under Rule 12(b)(6) (the “Rule 12(b)(6) Motion”). These motions are appropriate for submission without oral argument. See Fed.R.Civ.Pro. 78; Local Rule 7.11. Accordingly, the hearing on November 5, 2001 is hereby VACATED. The Court GRANTS the Venue Motion, and ORDERS this case TRANSFERRED to the Southern District of Texas. The Court need not reach the other two motions.

I. BACKGROUND

On March 6, 2001, seven named Plaintiffs located in at least four different judicial districts throughout the United States filed…