Spread Your Wings, LLC v. AMZ Group

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 SPREAD YOUR WINGS, LLC, et al., Case No. 20-cv-03336-VKD

Plaintiffs,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS

AMZ GROUP LLC, Re: Dkt. No. 10 Defendant.

13 Asserting diversity jurisdiction under 28 U.S.C. § 1332, plaintiffs Spread Your Wings, LLC (“SYW”), Blossom Hill Buildings, LLC (“BHB”) and Andrew S. Dumbaya filed this action, seeking rescission of four agreements (“Agreements”) SYW and BHB entered into with defendant AMZ Group, LLC (“AMZ”). AMZ now moves to dismiss this lawsuit, based on the doctrine of forum non conveniens, arguing that forum selection clauses in each of the Agreements require the parties’ disputes to be brought in New York, where AMZ has already filed a contract action against plaintiffs. Upon consideration of the moving and responding papers,1 as well as the arguments presented at the August 4, 2020 motion hearing, the Court grants AMZ’s motion, but …