John Bogan v. Keene Corporation

The district court dismissed Bogan’s complaint for improper venue. Bogan appeals, arguing that the district court lacked jurisdiction to reach the venue question. Bogan contends that the case should have been remanded to state court because the presence of Doe defendants defeated diversity jurisdiction. We affirm.

I

FACTS AND PROCEDURAL HISTORY

Bogan filed in a California state court a complaint alleging breach of contract, breach of the implied covenant of good faith and fair dealing, interference with contractual relations, and intentional infliction of emotional distress. In addition to naming four corporate defendants, Bogan included as defendants Does 1 through 20. Defendants removed the case to district court on the basis of diversity jurisdiction.

Bogan filed a motion to remand the case back to state court. Bogan argued that the presence of Doe defendants defeated diversity jurisdiction. Defendants filed a motion to dismiss the complaint for improper venue. Defendants noted that Bogan’s causes of action arose out of a business agreement. Defendants argued that California was an improper venue because the agreement contained a forum selection clause, which stipulated…