Freedman v. America Online, Inc.

RULING ON DEFENDANT AOL’S MOTION TO DISMISS

DORSEY, District Judge.

■ In light of a forum selection clause in its contract with Plaintiff, Defendant America Online, Inc. (“AOL”) moves to dismiss pursuant to Fed.R.Civ.P. 12(b)(3) or 12(b)(6). For the reasons discussed herein, AOL’s motion is granted.

I. Background 1

At all times relevant to this action, Plaintiff subscribed to internet service from AOL. Compl. ¶¶ 4, 26. Section 8 of the AOL Member Agreement contains a forum selection clause providing that “exclusive jurisdiction for any claim or dispute with AOL or relating in any way to your…