Matthew Joseph Cupp v. Richard Baron

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Matthew Joseph Cupp, Case No.: 2:20-cv-00285-JAD-NJK

Plaintiff Order Granting Motion to Transfer Venue v. and Denying Motion to Dismiss without Prejudice Richard Baron et al., [ECF No. 9] Defendants

Joseph Cupp alleges that his friend Richard Baron (and his companies, Baron Brothers, Inc. and Baron Brothers Nursery, Inc.) defrauded him and breached their contract when Baron partnered with a different company to grow hemp, despite their earlier arrangement to cultivate hemp together. Baron argues that any contract he formed with Cupp was unenforceable, given hemp’s hazy legality, and he moves to transfer this suit to California, where he resides and the other defendants operate, and where he would have performed his alleged contract with Cupp. I hold that venue was improperly laid in this district and, under 28 U.S.C. § 1406(a), transfer this suit to the United States District Court for the Central District of California. I also deny the defendants’ Federal Rule of Civil…