Legal Opinion

Moxie Venture L.L.C. v. UPS Store, Inc.

District Court, D. Minnesota

Decided January 12, 2016No. Civ. No. 15-3704 (RHK/JJK)PublishedCited by 2 opinions

1Opinion of the Court

*968MEMORANDUM OPINION AND ORDER

RICHARD H. KYLE United States District Judge

INTRODUCTION

This action arises out of an agreement between Plaintiff Moxie Venture L.L.C. (“Moxie”)1 and Defendant The UPS Store, Inc. (“TUPSS”), granting Moxie the exclusive right to own and operate a UPS Store franchise in Bloomington, Minnesota. Moxie alleges inter alia that TUPSS fraudulently induced it to enter into the agreement; it seeks rescission and damages. TUPSS now moves to dismiss and to transfer venue. For the reasons that follow, its Motion will be granted.

BACKGROUND

TUPSS franchises UPS Stores that provide…

2Cases cited9 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.Supreme Court of the United States · 2013
  4. Brown v. Medtronic, Inc.Court of Appeals for the Eighth Circuit · 2010
  5. L. Walter Quinn, III Terry Quinn v. Ocwen Federal Bank Fsb Wilson & Associates, P.L.L.C.Court of Appeals for the Eighth Circuit · 2006

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3Cited by2 opinions

  1. Best Western International Incorporated v. Twin City Lodging LLCDistrict Court, D. Arizona · 2019
  2. Sugarlips Bakery, LLC v. A&G Franchising, LLCDistrict Court, M.D. Tennessee · 2022

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