Rodriguez

ORDER GRANTING DEFENDANTS’ MOTION TO TRANSFER VENUE

This matter came before the Court on June 7, 2010, on the motion to dismiss or, in the alternative, to transfer venue filed by Defendants PepsiCo Long Term Disability Plan (“LTD Plan”) and PepsiCo Employee Health Care Program (“Health Care Program”) (collectively, “Defendants”). Defendants argue that Plaintiff Anastacio Rodriguez (“Rodriguez” or “Plaintiff’) filed his claim to recover long-term disability benefits in an improper venue, contrary to a forum selection clause requiring that such lawsuits be brought in the United States District Court for the Southern District of New York. Rodriguez contends that the'forum selection clause should not be enforced because he did not receive notice of the provision, the clause runs contrary to federal law, and moving the venue to New York would deny him his day in court due to his physical and financial constraints.

For the reasons set forth below, Defendants’ motion is GRANTED. This action will be transferred to the Southern District of New York.

BACKGROUND

Rodriguez began working for Frito-Lay, Inc.—a division of PepsiCo, Inc.—in June 2000 as a route sales representative, a…