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Wiest Int'l GMBH v. Zobel

Breach Suit Dismissed Under Agreement's Valid Forum Clause Setting Venue in State Courts

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MEMORANDUM AND ORDER

*1 Plaintiff Wiest International, GMBH brings this action against Hans-Joerg Zobel for breach of contract and unjust enrichment. The dispute arises from plaintiff’s investment in ZZ Global, LLC (“ZZ Global”), a limited liability company majority-owned by defendant. Plaintiff alleges that defendant breached ZZ Global’s Operating Agreement and a related Personal Guaranty by refusing to redeem plaintiff’s membership interest in ZZ Global as required under those agreements. Plaintiff also asserts a claim for unjust enrichment based on the same alleged facts. Defendant requests that the Court dismiss the case based on a forum selection clause contained in the Operating Agreement. Plaintiff argues that the forum selection clause is not mandatory and, in any event, does not apply to all of its claims.For the reasons below, the Court concludes that the forum selection clause is mandatory and applies to all of plaintiff’s claims. Accordingly, defendant’s motion to dismiss based on the forum selection clause is granted without prejudice to plaintiff bringing the claims in the appropriate state court. Finally, because the Court dismisses the action, it also vacates its December 7, 2017 order of attachment.I. BACKGROUND¹The Court assumes the parties’ familiarity with the facts and procedural history of the case, and will summarize only

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