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Slobig v. Gannuscia

Venue in RICO Action Over Work-At-Home Fraud Is Transferred to District of Utah

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OPINION & ORDER

*1  Plaintiffs Frank Slobig and Judy Slobig (collectively, the “Slobigs”) bring this action against Defendants Philip Edward Gannuscia, David Gregory Bevan, Jessica Bjarnson, Thomas James Riskas, III, and Austin Bawden, alleging violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §1964. (Compl.1, ECF No. 1.) Presently before the Court is a motion to dismiss for lack of personal jurisdiction and improper venue pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(3) filed by Defendants’ Jessica Bjarnson, Phillip Gannuscia, and Thomas Riskas, III (collectively, the “Utah Defendants”). (ECF No. 22.) Alternatively, the Utah Defendants request that this action be transferred to the United States District Court for the District of Utah pursuant to 28 U.S.C. §§1404(a) and 1406(a). Plaintiffs concur that the District of Utah is the most convenient forum for this action, and consent to the transfer. For the reasons that follow, the Court grants the Utah Defendants’ motion to transfer this action to the United States District Court for the District of Utah and, therefore, declines to reach the issue of personal jurisdiction.

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