PHILLIPS
v.
LASHOUT BEAUTY BAR, LLC

M.D. Fla. | 2021-01-25
No. 2:20-cv-00908
2018 WL 5619358 District Court, M.D. Florida (2021) Positive Treatment
Cited by 6 cases
Opinion of the Court

Defendants move to dismiss Plaintiff Erin Ryan’s claims in counts VII and VIII of the complaint for improper venue due to a contractual forum selection clause. (Doc. 16); Fed. R. Civ. P. 12(b)(3). Ms. Ryan has filed a notice of nonopposition requesting dismissal of her claims without prejudice to refile in state court. (Doc. 23.) The Court construes Defendants’ motion as a request to dismiss for forum non conveniens, which is the proper procedural mechanism for enforcing a forum selection clause that points to a state forum. See Schrenkel v. LendUS, LLC, Case No. 2:18-cv-382-FtM-29CM, 2018 WL 5619358, at *4 (M.D. Fla. Oct. 30, 2018). As the motion is unopposed, it is ORDERED: 1. Defendants’ motion to dismiss counts VII and VIII is GRANTED.

2. Counts VII and VIII are DISMISSED WITHOUT PREJUDICE to

refile in the appropriate state court. 3. The Clerk of Court is DIRECTED to terminate Plaintiff Erin Ryan from the case. ORDERED in Fort Myers, Florida, on January 25, 2021.

JOHN L. BADALAMENTI

UNITED STATES DISTRICT JUDGE

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Cited By

  • Phillips v. Lashout Beauty Bar, LLC, 2018 WL 5619358 (M.D. Fla. 2021)
    …onstrues Defendants’ motion as a request to dismiss for forum non conveniens, which is the proper procedural mechanism for enforcing a forum selection clause that points to a state forum. See Schrenkel v. LendUS, LLC, Case No. 2:18-cv-382-FtM-29CM, 2018 WL 5619358, at *4 (M.D. Fla. Oct. 30, 2018). As the motion is unopposed, it is ORDERED: 1. Defendants’ motion to dismiss counts VII and VIII is GRANTED. 2. Counts VII and VIII are DISMISSED WITHOUT PREJUDICE to refile in the appropriate state court. 3. The Cl…
  • Divine Serenity Shop, Inc. v. Plant Identification, Inc. (M.D. Fla. 2025)
    …consider for invalidation). The doctrine of forum non conveniens applies to the enforcement of a valid forum selection clause. Atl. Marine Constr. Co., 571 U.S. at 60. If the clause is ⁷ See also Schrenkel v. Lendus, LLC, No. 2:18-cv-382-FtM-29CM, 2018 WL 5619358, at *8 n.7 (M.D. Fla. Oct. 30, 2018) (citing Sinochem). 8 ---PAGE 8--- Case 8:24-cv-02081-WFJ-LSG Document 53 Filed 05/12/25 Page 9 of 20 PageID 730 valid, the "calculus changes" for the typical balancing factors. Id. at 63; GDC Acquisitions, LLC…
  • Kava Culture Franchise Grp. Corp. v. Darrigan Invs. LLC (M.D. Fla. 2023)
    …under § 1404(a) (when the clause points to a particular federal district) or a motion to dismiss under the doctrine of forum non conveniens (when the clause points to a state or foreign forum). Schrenkel v. LendUS, LLC, No. 2:18-cv-382-FtM-29CM, 2018 WL 5619358, at *4 (M.D. Fla. Oct. 30, 2018) (citing Atl. Marine Constr. Co., Inc., 571 U.S. at 52, 59–60). There is no motion to dismiss for forum non conveniens pending in this matter. But there is a “long-approved practice of permitting a court to transfer…

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