Phillips v. Lashout Beauty Bar, LLC

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, 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