McKee Foods Kingman v. Kellogg Co.

ORDER

MATTICE, District Judge.

Before the Court is Defendant’s Motion to Dismiss [Court Doc. No. 16-1]. Defendant moves the Court to dismiss Plaintiffs’ declaratory judgment action, arguing issues of subject matter jurisdiction, discretionary jurisdiction under the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, and personal jurisdiction. In the alternative, Defendant moves the Court to transfer venue to the Eastern District of Michi gan pursuant to 28 U.S.C. § 1404(a). The Court will address each of Defendant’s arguments in turn.

I. STANDARDS

A. Dismissal for Failure to State a Claim

Federal…