United States District Court, D. Nebraska
G4S TECHNOLOGY, LLC, a Delaware limited liability company; Plaintiff,
WCC CABLE, INC., a Virginia corporation; and IRONSHORE INDEMNITY, INC., a Minnesota corporation; Defendants.
MEMORANDUM AND ORDER
Smith Camp Chief United States District Judge
matter is before the Court on the Motion to Dismiss, ECF No.
6, filed by Defendants WCC Cable, Inc., and Ironshore
Indemnity, Inc. (Defendants). For the reasons stated below,
the motion will be granted in part, and the case will be
transferred to the United States District Court for the
Western District of Virginia.
following facts are those alleged in the Complaint, ECF No.
1-1, Page ID 6- 9, and assumed true for purposes of the
Motions to Dismiss.
G4S Technology LLC (G4S) is a Delaware limited liability
corporation with its principal office located in Omaha,
Nebraska. Id. ¶ 1, Page ID 6. WCC Cable, Inc.
(WCC), is a Virginia corporation with its principal office
located in Fredericksburg, Virginia. Id. ¶ 2.
Ironshore Indemnity, Inc. (Ironshore), is a Minnesota
corporation with its principal office in New York, New York.
Id. ¶ 3. In September of 2014, G4S entered into
a subcontract agreement (the Subcontract) with WCC to perform
work related to the I-64 Active Traffic and Safety Management
System Project (the Project), located in Afton, Virginia.
Id. ¶ 6, Page ID 7. Section 37 of the
Subcontract stated that any “dispute arising . . . from
this Subcontract shall be resolved solely and exclusively in
a state or federal court located in Douglas County, Nebraska.
Id. ¶ 8. As required by the Subcontract, WCC
obtained a performance and payment bond from Ironshore.
Id. ¶ 7.
alleges that WCC failed to meet the Project schedule and
failed to perform in accordance with the terms of the
Subcontract. As a result, G4S sent WCC a formal notice to
cure (Notice to Cure). Id. ¶ 9. On September
25, 2015, G4S sent Defendants a formal notice of default and
claim against the bond, due to WCC's failure to remedy
the deficiencies in performance described in the Notice to
Cure. Id. ¶ 10, Page ID 8. Due to WCC's
failure to perform under the Subcontract, G4S had to hire a
supplemental subcontractor and incurred liquidated damages
imposed by the owner of the Project. Id.
March 6, 2017, G4S filed this action in the District Court of
Douglas County, Nebraska, asserting two claims for breach of
contract. Id. ¶¶ 15-20, Page ID 13-14.
Defendants removed the action to this Court and filed the
present motion, seeking dismissal pursuant to Federal Rule of
Civil Procedure 12(b)(2) and (3). Because the Court will
grant the motion due to improper venue under Rule 12(b)(3),
it will not analyze the issue of personal jurisdiction under
Rule of Civil Procedure 12(b)(3) permits a party to raise the
defense of “improper venue” by motion.
“[V]enue of all civil actions brought in district
courts of the United States” is governed by 28 U.S.C.
§ 1391, which states:
A civil action may be brought in-
(1) a judicial district in which any defendant resides, if
all defendants are residents of the State in which the
district is located;
(2) a judicial district in which a substantial part of the
events or omissions giving rise to the claim occurred, or a
substantial part of property that is the subject of the
action is situated; or
(3) if there is no district in which an action may otherwise
be brought as provided in this section, any judicial district
in which any defendant is subject to the court's personal