¶¶ 3, 4.) McVey is a citizen of Texas and resides in Houston, Texas. 3.) Marty McVey is the Chief Executive Officer for both SBMC and McVey LLC. ¶ 10.) McVey LLC is a limited liability company located in and with its principal and only place of business in Houston, Texas. ¶ 10.) SBMC’s manager for its general operations is McVey LLC. ¶ 2.) SMBC is the owner and operator of the Spring Branch Medical Center, a hospital in Houston, Texas. Plaintiff’s claims stem from an agreement between Defendant SBMC Healthcare, LLC (“SBMC”) and Centurion regarding the sale and auction of medical equipment located at Spring Branch Medical Center (the “Agreement”). BACKGROUND On November 23, 2012, Plaintiff Centurion Service Group, LLC (“Plaintiff” or “Centurion”), an auctioneer in the business of buying, selling and/or conducting auctions of medial equipment, filed its Amended Verified Complaint alleging breach of contract, declaratory relief, and fraud. 71.) The Court also denies this motion as moot with regard to Garfinkel and thus will not include him in the Court’s jurisdictional analysis. 69.) The Court, therefore, denied as moot the pending motions to dismiss relating to SBMC Healthcare, LLC.
The parties have since represented to the Court that Centurion has reached a settlement with Defendants SBMC Healthcare, LLC and Garfinkel. Garfinkel (“Garfinkel”) also moved to dismiss as part of this motion. 1 Count II for declaratory judgment is against McVey and Garfinkel and Count III for fraud is against all Defendants. at 1.) The Court grants Defendants’ motion without prejudice. at 1.) Alternatively, they move to dismiss on the basis of forum non conveniens, or to transfer on forum non conveniens grounds pursuant to 28 U.S.C. McVey (“McVey”) (collectively, “Defendants”) move pursuant to Federal Rules of Civil Procedure (“Rule”) 12(b)(2) and 12(b)(3) to dismiss all claims against them1 due to lack of personal jurisdiction and improper venue.2 (R. Investments, LLC (“McVey LLC”) and Marty L. EVE, District Court Judge: Defendants McVey & Co. 12 C 9318 MEMORANDUM OPINION AND ORDER AMY J. INVESTMENTS, LLC, a Texas limited liability company, MARTY L. SBMC HEALTHCARE, LLC, a Texas limited liability company, MCVEY & CO. 75 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CENTURION SERVICE GROUP, LLC, an Illinois limited liability company, Plaintiff, v.
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