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Carl Evans, et al v. Linden Research

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


February 3, 2011

CARL EVANS, ET AL., PLAINTIFFS,
v.
LINDEN RESEARCH, INC., ET AL, DEFENDANTS.

The opinion of the court was delivered by: Eduardo C. Robreno, J.

ORDER

AND NOW, this 3rd day of February, 2011 for the reasons set forth in the Court's accompanying memorandum dated February 3, 2011, it is ORDERED that:

1. Defendants' Motion to Dismiss (doc. no. 11) is GRANTED in part and DENIED in part. Defendants' motion will be granted as the Court finds that the forum selection clause applies so that the case cannot be pursued in this Court. Defendants' motion is denied in part as the case will not be dismissed but transferred to the United States District Court for the Northern District of California.

2. The Clerk of the Court shall TRANSFER the case to the United States District Court for the Northern District of California.

3. Defendants' motions for leave to file replies (doc. nos. 16 & 26) are GRANTED.

4. Plaintiffs' Motion for Leave to File a Second Amended Complaint (doc. no. 13) will be DENIED as moot.

AND IT IS SO ORDERED.

20110203

© 1992-2011 VersusLaw Inc.



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