Fine v. Cambridge International Systems, Inc.

MEMORANDUM

Appellant Yarry Fine appeals from the judgment of the district court: (1) dismissing this action for improper venue under 28 U.S.C. § 1406 (a); and (2) dismissing all claims against Heather Summers and Edward Hughes (the individual defendants) for lack of personal jurisdiction. Because the parties are familiar with the facts and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We reverse in part, vacate in part, and remand.

This action arises out of the termination of Fine from his employment with Defendant-Appellee Cambridge International Systems, Inc. Fine is a citizen of California. Cambridge is a citizen of Virginia. The individual defendants are citizens of Virginia. Fine’s contract with Cambridge contains a forum selection clause, stating that any dispute relating to Fine’s employment must be brought in Virginia.

Fine filed an action in the Superior Court of California alleging that his employment was terminated in violation of California law. Defendants removed the case to the United States District Court for the Southern District of California on the grounds of diversity of citizenship, and…