Deleon v. Xclusive Management, LLC ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Roland DeLeon, No. 2:21-cv-01263-KJM-DB 12 Plaintiff, ORDER 13 v. 14 Xclusive Management, LLC, 1S Defendant. 16 17 Defendant Xclusive Management, LLC moves to transfer this action to the United States 18 | District Court for the Northern District of Texas under 28 U.S.C. § 1404(a) and to stay this 19 | litigation until that motion is resolved. See generally Mot. Transfer, ECF No. 9; Mot. Stay, ECF 20 | No. 10. Plaintiff Roland DeLeon filed a statement of nonopposition. ECF No. 12. 21 The parties selected “Dallas County, Texas” as the forum for any dispute “arising out of” 22 | the employment contract in question here. Astley Decl. Ex. A at 2, ECF No. 9-2. “When the 23 | parties have agreed to a valid forum-selection clause, a district court should ordinarily transfer the 24 | case to the forum specified in that clause.” Atl. Marine Const. Co. v. U.S. Dist. Ct. for W. Dist. of 25 | Texas, 571 U.S. 49, 62 (2013). The court has found no evidence in the record to show this clause 26 | is invalid. The motion to transfer is thus granted, and the motion to stay is denied as moot. All 27 | dates and deadlines are vacated. This case is closed. This order resolves ECF Nos. 9 and 10. 28 | ///// 1 IT IS SO ORDERED. 2 DATED: October 19, 2021. 3 CHIEF ED STATES DISTRICT JUDGE 49