Ponomarenko
Ponomarenko v. Shapiro
Opinion
Lead Opinion
Freeman, J.
Plaintiff Paul Ponomarenko ("Ponomarenko") brings this action against Defendants Nathan Shapiro ("Shapiro") and Project Vegas Mansion ("PVM") (collectively, "Defendants") for alleged breach of contract and fraud arising out of a contract for personal coaching services with PVM-services that Ponomarenko alleges were never provided to him. See generally First Amended Complaint ("FAC"), ECF 43. Shapiro, proceeding pro se , filed seven counterclaims against Ponomarenko as well as a Third Party Complaint against Ponomarenko's company, Summit Estate, Inc. ("Summit Estate"). 1 See Answer, *822 Counterclaim and Third Party Complaint ("Answer & Counterclaim"), ECF 56.
Ponomarenko and Summit Estate filed a joint motion to dismiss the Counterclaim and Third Party Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). See Motion to Dismiss ("MTD"), ECF 59. In addition to opposing the motion to dismiss, Shapiro filed a motion to change venue to the United States District Court for the District of Nevada, unofficial southern division seated in Las Vegas, Clark County, pursuant to 28 U.S.C. § 1404 (a) and the forum selection clause in the written agreement between the parties. See…