Drayton Enterprises, L.L.C. v. Dunker

MEMORANDUM AND ORDER

WEBB, Chief Judge.

I.Introduction

Before the Court is defendants’ motion to dismiss (doc. # 21). Plaintiff resists the motion (doc. #27). For the reasons set forth below, the motion is DENIED. However, as explained below, the Court ORDERS THIS CASE TRANSFERRED TO THE WESTERN DISTRICT OF OKLAHOMA pursuant to 28 U.S.C. § 1406(a).

II. Background

Plaintiff Drayton Enterprises is a North Dakota company based in Fargo. It is engaged in the business of manufacturing and distributing food and bakery products. Among these are “pre-proofed” frozen dough products, including breads and…