United States of America for the Use of Asphalt Surfacing, Inc. v. Ahtna Design-Build, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 UNITED STATES OF AMERICA FOR Case No. 21-cv-08572-SVK
THE USE OF ASPHALT SURFACING,
INC., ORDER ON DEFENDANT'S MOTION Plaintiff, TO DISMISS, TRANSFER, OR STAY v. Re: Dkt. No.
AHTNA DESIGN-BUILD, INC., et al.,
Defendants.
Defendant Ahtna Design-Build, Inc. (“ADB”) is the prime contractor on a contract with the U.S. Army Mission Installation Contracting Command – Fort McCoy (the “Prime Contract”) concerning the maintenance of asphalt roads located at Fort Hunter Liggett, which is located in this District. Dkt. 1 (Complaint) ¶ 7. ADB engaged Plaintiff Asphalt Surfacing, Inc. (“ASI”) as a subcontractor on the project. Id. ¶ 8; see also Dkt. 17-2 (the “Subcontract”). The Subcontract contains a forum selection clause stating that “any misunderstandings or disputes arising from [the Subcontract] shall be resolved by a court of competent jurisdiction” located in Anchorage, Alaska. Dkt. 17-2 ¶ 14. On October…