United States District Court, E.D. Virginia
ORDER GRANTING DEFENDANT'S MOTION TO TRANSFER Re:
ECF No. 20
TIGAR United States District Judge
case, California-based company Run Them Sweet has sued CPA
Global Limited, which is located in Jersey, Channel Islands,
and its American subsidiary, which is located in Alexandria,
Virginia. The contract between the parties contains a forum
selection clause requiring that “any legal action taken
regarding this Agreement shall be brought in a U.S. District
Court located in the Commonwealth of Virginia.”
Defendants now move to enforce that clause and seek an order
transferring the case to the Eastern District of Virginia
under 28 U.S.C. § 1404(a). The Court grants the motion.
Run Them Sweet, LLC (RTS), “is a medical diagnostics
company focused on the nutritional state of a patient.”
ECF No. 1 ¶ 1. “RTS holds United States patents
and patent applications that are registered in foreign
countries. To maintain the foreign registration of these
patents, RTS must pay annual fees to the foreign patent
registrars in each country for each of its patents.”
Id. “To manage these payments, RTS contracted
with [Defendant] CPA Global Limited (CPA), which agreed to
handle the payments in exchange for a fixed fee per
patent.” Id. ¶ 2.
on behalf of itself and other plaintiffs similarly situated,
alleges that it was overcharged various fees under its
contract with CPA for patent renewal services performed on
RTS's behalf by CPA “inflating certain fees,
” “outright inventing others, ” and
“issu[ing] opaque invoices.” Id. ¶
4-5; ECF No. 20-1, Declaration of Sally Jo Russell ¶ 5.
The Complaint alleges claims for: (1) breach of contract, (1)
unjust enrichment, and (3) violation of California's
Unfair Competition Law (UCL), Cal. Bus. & Prof. Code
§ 17200 et seq.
Court has jurisdiction pursuant to the Class Action Fairness
Act of 2005 (“CAFA”), 28 U.S.C. §
filed its class action Complaint on June 29, 2016. ECF No. 1.
On August 18, 2016, Defendant filed this motion to transfer
venue, requesting that the case be transferred to the Eastern
District of Virginia. ECF No. 20. Plaintiff opposes the
motion. ECF No. 25. The Court heard argument on October 25,
MOTION TO TRANSFER
The Forum Selection Clause
parties' relationship is governed by a written contract.
ECF No. 1, Exh. A. Section 12 of that contract, entitled
“Governing Law, ” states the following:
These conditions and any contract made under them shall be
governed by and construed in accordance with the laws of the
Commonwealth of Virginia, United States of America, with the
understanding that any legal action taken regarding this
Agreement shall be brought ...