United States of America for the Use of Asphalt Surfacing, Inc. v. Ahtna Design-Build, Inc.
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 UNITED STATES OF AMERICA FOR Case No. 21-cv-08572-SVK
THE USE OF ASPHALT SURFACING,
8 INC., ORDER ON DEFENDANT'S MOTION 9 Plaintiff, TO DISMISS, TRANSFER, OR STAY 10 v. Re: Dkt. No. 17
11 AHTNA DESIGN-BUILD, INC., et al.,
12 Defendants.
13 Defendant Ahtna Design-Build, Inc. (“ADB”) is the prime contractor on a contract with 14 the U.S. Army Mission Installation Contracting Command – Fort McCoy (the “Prime Contract”) 15 concerning the maintenance of asphalt roads located at Fort Hunter Liggett, which is located in 16 this District. Dkt. 1 (Complaint) ¶ 7. ADB engaged Plaintiff Asphalt Surfacing, Inc. (“ASI”) as a 17 subcontractor on the project. Id. ¶ 8; see also Dkt. 17-2 (the “Subcontract”). The Subcontract 18 contains a forum selection clause stating that “any misunderstandings or disputes arising from [the 19 Subcontract] shall be resolved by a court of competent jurisdiction” located in Anchorage, Alaska. 20 Dkt. 17-2 ¶ 14. 21 On October…