Newell Co. v. Lee

MEMORANDUM OPINION AND ORDER

GETTLEMAN, District Judge.

Plaintiff, Newell Co. (“Newell”), has filed an amended complaint against defendant, Gary D. Lee (“Lee”), alleging breach of a covenant not to compete and requesting preliminary and permanent injunctive relief. Defendant has filed a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(3) and 12(b)(6) or, in the alternative, a motion to transfer pursuant to 28 U.S.C. 1404(a). For the reasons set forth below, defendant’s motion is denied in part and granted in part.

FACTS

Plaintiff is a Delaware Corporation with its principal…