UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ASHLEY PHILLIPS, MARIA NEGRETE, TAJA JONES, and ERIN RYAN,

Plaintiffs,

v. Case No. 2:20-cv-00908-JLB-MRM

LASHOUT BEAUTY BAR, LLC, LUME', LASH.BROW.BEAUTY.LLC, KCG LASHES, LLC, THOMAS NELSON, MICHELLE, NELSON, KENYETTA SMITH, and CORRINDA HALLMAN,

Defendants.

ORDER 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 non- opposition 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,

, 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