Byler

Byler v. Deluxe Corp.

Good Law
222 F. Supp. 3d 885·2016 U.S. Dist. LEXIS 111763
United States District Court, Southern District of CaliforniaAugust 19, 2016Case No.: 16cv493 AJB (JLB)California9,815 words

Opinion

Lead Opinion

Honbattaglia, J.

ORDER:

(1) GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION;

(2) GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; AND

(2) DENYING MOTION TO TRANSFER VENUE

Presently before the Court is Defendant Deluxe Corporation, d/b/a Deluxe Check *891 Printers’ (“Defendant”) motion to transfer venue, (Doc. No. 5), and motion to dismiss, (Doc. No. 22). Named Plaintiffs Alexandra Byler, Kay Catlin, Jennifer Graves, and Elizabeth O’Leary (referred to collectively as “Plaintiffs”) oppose the motions. For the reasons set forth below, Defendant’s motion to dismiss for lack of subject matter jurisdiction is GRANTED IN PART and DENIED IN PART in part, its motion to dismiss for failure to state a claim is GRANTED IN PART and DENIED IN PART, and its motion to transfer venue is DENIED.

I. Background

A. General Allegations

Defendant, under the brand name Deluxe, sells cheeks to account holders at various banks. 1 (Doc. No 19 at ¶ 16.) Customers can order checks from Defendant through their bank and have the checks printed and delivered to them, or customers can order new and replacement checks via the Defendant’s…

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