# Zhang v. Dragon Capital Group, LLC

> District Court, W.D. North Carolina · November 3, 2021

URL: https://www.frixlaw.com/law-library/cases/10257716

## Case

- **Court:** District Court, W.D. North Carolina
- **Decided:** November 3, 2021
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:21-CV-00154-FDW-DSC

XUEJUN ZHANG, )
)
Plaintiff, )
)
vs. ) ORDER
)
DRAGON CAPITAL GROUP, LLC et al., )
)
Defendants. )
)

THIS MATTER is before the Court on Defendant Stephen L. Kirkland’s (“Kirkland”)
Motion to Dismiss, wherein Kirkland, proceeding pro se, moves this Court to dismiss Plaintiff’s
Complaint for lack of personal jurisdiction and improper venue pursuant to Rules 12(b)(2) and
12(b)(3) of the Federal Rules of Civil Procedure (Doc. No. 12). Plaintiff filed his Memorandum in
Opposition to Kirkland’s Motion (Doc. No. 13) on May 18, 2021, and, after the completion of
jurisdictional discovery, filed his Supplemental Memorandum in Opposition to Kirkland’s Motion
(Doc. No. 44) on October 21, 2021. Kirkland’s Motion is now ripe for review. For the reasons set
forth below, Kirkland’s Motion to Dismiss (Doc. No. 12) is DENIED.
I. BACKGROUND
Plaintiff, a resident of Mecklenburg County, North Carolina, filed this suit on April 9, 2021,
alleging claims of fraud, negligent misrepresentation, civil conspiracy, breach of fiduciary duty, and
piercing the corporate veil against several Defendants, including Kirkland. (Doc. No. 1). The
following background provides a summary of allegations and causes of actions as set forth in
Plaintiff’s Complaint, Kirkland’s Motion to Dismiss, and Plaintiff’s response briefs.
Although Kirkland is a citizen and resident of Georgia and has never resided in North Carolina
(Doc. No. 12, p. 2), Kirkland solicited and conducted the alleged foreign currency exchange
transactions (“Forex”) trading scheme with Defendant Alexander C. Cheng (“Cheng”), a resident of
Mecklenburg County, North Carolina (Doc. No. 1, p. 2), and Defendant FXTrade XH LP
(“FXTrade”), the limited partnership established between Plaintiff and Defendant Dragon Capital
Group, LLC (“Dragon”), of which Cheng is the principal, for almost two years. (Doc. No. 1, p. 7;

Doc. No. 13, p. 5). During such time, Kirkland extensively communicated with Cheng and was aware
of Plaintiff’s potential investment in Defendant Premier Investments & Financial Services Group,
LLC’s (“Premier”) Forex trade program. (Doc. No. 44, p. 3). Indeed, although Kirkland denies he
had access, custody, or control of or to Premier’s bank accounts, Kirkland appears to be Premier’s
sole manager, exercising complete domination and control of Premier. (Doc. No. 13, pp. 4-5).
On September 22, 2019, Kirkland provided Cheng a draft limited partnership agreement to be
used in the formation of FXTrade. Id. Kirkland was sent FXTrade’s information and registered
address in Charlotte, North Carolina on September 25, 2019. Id. Moreover, Kirkland met with
Plaintiff and Cheng at the 678 Korean BBQ Restaurant in Georgia on September 28, 2019, for the

purpose of soliciting Plaintiff’s investment. Id. at 4. Kirkland also held himself out as having “full
power of Attorney to act on behalf of Premier”, in order to induce Plaintiff’s investment, and actively
participated in the wire transfers of Plaintiff’s investment into and out of North Carolina banks. Id.
at 3-4. On October 3, 2019, Kirkland entered into a Trade Agreement on behalf of Premier, between
Premier and FXTrade. (Doc. No. 13, p. 5). From the time of Plaintiff’s initial investment with
FXTrade in September 2019 through June 2020, Plaintiff received regular communications from
Cheng, which Plaintiff believes were invented by Defendants, including Kirkland, purporting to show
steady profits on the funds Plaintiff invested. (Doc. No. 1, p. 10). Specifically, on December 15,
2019, Kirkland sent a notice misrepresenting the status of Premier’s investment fund directly to
FXTrade’s Charlotte mailing address. (Doc. No. 13, p. 5). Thereafter, on March 25, 2020, Kirkland
entered into a Collateralized Trade Funding Placement Agreement on behalf of Premier, between
Premier and Dragon, wherein Kirkland submitted Premier to the exclusive jurisdiction of
Mecklenburg County, North Carolina. Id. On June 17, 2020, after Plaintiff requested to withdraw a
portion of his investment, Kirkland emailed Cheng stating that if Plaintiff deposited more money with

Kirkland, Kirkland would “be able to provide a 2% hurdle rate… effect[ively] guarantee[ing] a 2%
minimum performance per month on all new deposits”. (Doc. No. 1, pp. 10-11). Finally, on August
17, 2020, Kirkland informed Plaintiff and Cheng that their investment with Premier had been
completely lost in March 2020 and has since failed to return any of Plaintiff’s investment. Id. at 11-
12.
II. STANDARD OF REVIEW
“When considering a motion to dismiss involving pro se parties, the court construes the
pleadings liberally to ensure that valid claims do not fail merely for lack of legal specificity.”
Brown v. Charlotte Rentals LLC, No. 3:15-cv-0043-FDW-DCK, 2015 WL 4557368, at *2

(W.D.N.C. July 28, 2015) (citing Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir. 1978)). At the
same time, however, the Court should not “assume the role of advocate for the pro se plaintiff.”
Gordon, 574 F.2d at 1151 (quotation omitted).
A. Personal Jurisdiction
When a challenge to personal jurisdiction is addressed only on the basis of motion papers,
supporting legal memoranda, and the relevant allegations of a complaint, “the burden on the
plaintiff is simply to make a prima facie showing of a sufficient jurisdictional basis to survive the
jurisdictional challenge.” Combs v. Bakker, 886 F.2d 673, 676 (4th Cir. 1989). Under those
circumstances, the court “must construe all relevant pleading allegations in the light most favorable
to the plaintiff, assume credibility, and draw the most favorable inferences for the existence of
jurisdiction”. Id.
In cases where the defendant provides evidence which denies the facts essential for
jurisdiction, the plaintiff must present sufficient evidence to create a factual dispute on each
jurisdictional element which has been denied by the defendant and on which the defendant

presented evidence. Pinpoint IT Servs., L.L.C. v. Atlas IT Export Corp., 812 F. Supp. 2d 710,
716–17 (E.D.Va. July 13, 2011); Indus. Carbon Corp. v. Equity Auto & Equip. Leasing Corp., 737
F. Supp. 925, 926 (W.D.Va. 1990). If the existence of jurisdiction turns on disputed factual
questions, a court may resolve the challenge on the basis of an evidentiary hearing, or, when a
prima facie demonstration of personal jurisdiction has been made, it can proceed “as if it has
personal jurisdiction over this matter, although factual determinations to the contrary may be made
at trial”. Pinpoint IT, 812 F. Supp. 2d at 717 (citing 2 James Wm. Moore et al., Moore's Federal
Practice ¶ 12.31 (3d ed. 2011)). Regardless, the plaintiff must eventually prove the existence of
personal jurisdiction by a preponderance of the evidence, either at trial or at a pretrial evidentiary

hearing. New Wellington Fin. Corp. v. Flagship Resort Dev. Corp., 416 F.3d 290, 294 n. 5 (4th
Cir. 2005).
The determination of whether jurisdiction is appropriate depends on the facts and
circumstances of each case. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 478–79, 485–86
(1985). The court engages in a two-part inquiry when determining whether its exercise of personal
jurisdiction over a given defendant is proper. The first, or statutory, part requires the assertion of
personal jurisdiction under North Carolina's long-arm statute. The second, or constitutional, part
requires the exercise of personal jurisdiction comply with due process. Christian Sci. Bd. of Dirs.
of the First Church of Christ, Scientist v. Nolan, 259 F.3d 209, 215 (4th Cir. 2001). Courts have
historically construed North Carolina's long-arm statute to be coextensive with the Due Process
Clause. This construction collapses the statutory and constitutional requirements into a single
inquiry whether the non-resident defendant has such “minimum contacts” with the forum state that
exercising jurisdiction over it does not offend “traditional notions of fair play and substantial
justice.” See Nolan, 259 F.3d at 215 (citing Int'l Shoe Co. v. Washington, 326 U.S. 310, 316

(1945)).
There are two types of long-arm jurisdiction over a defendant: general or specific.
Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 414 nn. 8 & 9 (1984). A court
may exercise general personal jurisdiction over defendants who have “continuous and systematic”
contacts with the forum state regardless of where the relevant conduct occurs. CFA Inst. v. Inst.
of Chartered Fin. Analysts of India, 551 F.3d 285, 292 n. 15 (4th Cir. 2009). A court may exercise
specific personal jurisdiction, on the other hand, when the cause of action arises from or is related
to the defendant’s contacts with the forum. Cambridge Homes of N. Carolina, LP v. Hyundai
Const., Inc., 670 S.E.2d 290, 295 (N.C. App. 2008). The court considers several factors in deciding

whether specific jurisdiction exists, including: ““(1) the extent to which the defendant purposely
availed itself of the privilege of conducting activities in the State; (2) whether the plaintiff's claims
arise out of those activities directed at the State; and (3) whether the exercise of personal
jurisdiction would be constitutionally reasonable””. Id. (quoting Woods Intern., Inc. v. McRoy,
436 F. Supp. 2d 744, 748–49 (M.D.N.C. 2006)).
B. Venue
Venue is appropriate in “a judicial district in which any defendant resides, . . . in which a
substantial part of the events or omission giving rise to the claim occurred, or a substantial part of
property that is the subject of the action is situated”. 28 U.S.C. § 1391 (2016). Under Federal
Rule of Civil Procedure 12(b)(3), a defendant may move to dismiss a complaint for improper
venue. When a 12(b)(3) motion to dismiss is filed, the plaintiff then bears the burden to “establish
that venue is proper in the judicial district in which the plaintiff has brought the action”. Plant
Genetic Systems, N.V. v. Ciba Seeds, 933 F.Supp. 519, 526 (M.D.N.C.1996). If the court finds
venue to be improper, the court shall dismiss or, in the interest of justice, transfer the case to the

district or division in which the case could have been brought. 28 U.S.C. § 1406(a). “Whether
dismissal or transfer is appropriate lies within the sound discretion of the district court”. White v.
Wal-Mart Distribution Center, No. 3:08-cv-543-FDW, 2009 WL 275835, at *1 (W.D.N.C. Feb. 4,
2009) (citation omitted).
III. ANALYSIS
A. Personal Jurisdiction
In his Motion to Dismiss, Kirkland argues that this Court lacks both general and specific
personal jurisdiction over him. (Doc. No. 12, pp. 3-11). Kirkland asserts there is no general
jurisdiction because Kirkland is a citizen and resident of Georgia and has never resided in North

Carolina. Id. Kirkland also asserts there is no specific personal jurisdiction because he does not have
minimum contacts with North Carolina and the exercise of personal jurisdiction over Kirkland would
be unreasonable. Id. Because Plaintiff does not allege or argue this Court’s exercise of general
personal jurisdiction over Kirkland is appropriate, this analysis is limited to the issue of specific
personal jurisdiction.
i. Specific Personal Jurisdiction

First, the Court considers whether Kirkland has purposefully availed himself of the privilege
of conducting business in North Carolina. The Fourth Circuit Court of Appeals has identified eight
(8) non-exclusive factors to consider in determining whether a defendant has purposely availed
himself of the privilege of conducting business in a state: (1) whether the defendant maintained
offices or agents in the state; (2) whether the defendant maintained property in the state; (3)
whether the defendant reached into the state to solicit or initiate business; (4) whether the defendant
deliberately engaged in significant or long-term business activities in the state; (5) whether a
choice of law clause selects the law of the state; (6) whether the defendant made in-person contact

with a resident of the state regarding the business relationship; (7) whether the relevant contracts
required performance of duties in the state; and (8) the nature, quality, and extent of the parties’
communications about the business being transacted. Consulting Eng’rs Corp. v. Geometric Ltd.,
561 F.3d 273, 278 (4th Cir. 2009); Sneha Media & Entm’t, LLC v. Associated Broad Co., 911
F.3d 192, 198-99 (4th Cir. 2018).
In his Motion to Dismiss, Kirkland asserts he has not sought to provide any goods or services
to North Carolina, he operates his office from Georgia, he does not generate any revenues from North
Carolina, and his “limited involvement, in the alleged actions and/or omissions listed in the complaint
[were] strictly as a Georgia based individual operating under a Power of Attorney from Premier

Investments and Financial Services Group, LLC (Premier); which is a company organized and exiting
in the Commonwealth of Puerto Rico”. (Doc. No. 12, p. 3). Contradictory to Kirkland’s assertions,
however, Plaintiff’s Complaint, Kirkland’s responses to Jurisdictional Discovery, and Plaintiff’s
response briefs evidence that Kirkland purposefully availed himself of the privilege of conducting
business in North Carolina.
In this case, only two of the factors, the first and second, weigh against a finding of purposeful
availment because Kirkland does not, and did not, maintain offices or agents or maintain property in
the state of North Carolina. The remaining factors all support a finding that Kirkland purposefully
availed himself of the privilege of conducting business in the state.
For almost two years, Kirkland communicated with Plaintiff and Cheng, via text message, e-
mail, phone conversations, and in-person meetings for the purpose of soliciting and conducting an
alleged Forex trading scheme with FXTrade. (Doc. No. 13, p. 5; Doc. No. 44, p. 3). Kirkland
provided to Cheng the draft limited partnership agreement to be used in the formation of FXTrade,
met with Plaintiff and Cheng at 678 Korean BBQ Restaurant in Georgia on September 28, 2019, for

the purpose of soliciting Plaintiff’s investment, held himself out as having “full power [sic] of
Attorney to act on behalf of Premier” in order to induce Plaintiff’s investment, and actively
participated in the wire transfers of Plaintiff’s investment into and out of North Carolina banks. (Doc.
No. 13, pp. 4-5; Doc. No. 44, pp. 3-4). Moreover, from the time of Plaintiff’s initial investment with
FXTrade in September 2019 through June 2020, Plaintiff received regular communications from
Cheng, which Plaintiff believes were invented by Defendants, including Kirkland, purporting to show
steady profits on the funds Plaintiff Invested. (Doc. No. 1, p. 10). Notably, on December 15, 2019,
Kirkland sent a notice misrepresenting the status of Premier’s investment fund directly to FXTrade’s
Charlotte mailing address. (Doc. No. 13, p. 5). Further, on June 17, 2020, after Plaintiff requested to

withdraw a portion of his investment, Kirkland emailed Cheng stating that if Plaintiff deposited more
money with Kirkland, Kirkland would “be able to provide a 2% hurdle rate… effect[ively]
guarantee[ing] a 2% minimum performance per month on all new deposits”, again for the purposes
of soliciting Plaintiff’s investment. (Doc. No. 1, pp. 10-11).
Based on the foregoing, Kirkland undoubtedly reached into the state to solicit and initiate
business, deliberately engaged in significant and long-term business activities in the state, and made
in-person contact with residents of the state regarding the business relationship. Thus, the third,
fourth, and sixth factors support a finding of purposeful availment. Similarly, the eighth factor, the
nature, quality, and extent of the parties’ communications about the business being transacted, also
favors a finding that Kirkland purposefully availed himself of the privilege of conducting business in
North Carolina.
Moreover, on October 3, 2019, Kirkland entered into a Trade Agreement, on behalf of
Premier, between Premier and FXTrade (Doc. No. 13, p. 5), and thereafter, on March 25, 2020,
entered into a Collateralized Trade Funding Placement Agreement, on behalf of Premier, between

Premier and Dragon. Id. Both agreements contemplate the transfer and investment of North Carolina
funds with Premier and include notice provisions identifying FXTrade’s and Dragon’s notice
addresses in Charlotte, North Carolina. Although the Trade Agreement selects the laws of Nevada,
which the Court notes neither party discusses, the Collateralized Trade Funding Placement
Agreement’s choice of law provision selects the laws of North Carolina. (Doc. No. 1-11, pp. 4-5).
Further, Kirkland, as the authorized signer of Premier, irrevocably submitted Premier to the exclusive
jurisdiction of Mecklenburg County, North Carolina in the Collateralized Trade Funding Placement
Agreement. Id. Accordingly, the relevant contracts required performance of duties in North Carolina
and the Collateralized Trade Funding Placement Agreement’s choice of law selects the laws of the

state of North Carolina. Therefore, the fifth and seventh factors also support this Court’s exercise of
personal jurisdiction over Kirkland.
In his Motion to Dismiss, Kirkland cites Bell Helicopter Textron, Inc. v. Heliqwest Intern.
Ltd., 385 F.3d 1291, 1296 (10th Cir. 2004) (quoting Burger King, 471 U.S. at 475) as finding,
“th[e] requirement of ‘purposeful availment’ for purposes of specific jurisdiction precludes
personal jurisdiction as the result of ‘random, fortuitous, or attenuated contacts’”. The Court
agrees with the Tenth Circuit, and, based on the record, accordingly finds that Kirkland has
purposefully availed himself of the privileges of conducting business in the state of North Carolina,
as his significant contacts with North Carolina have been anything but random, fortuitous, or
attenuated.
Next, the Court examines whether Plaintiff’s claims arise from Kirkland’s activities within
North Carolina. The Court finds Plaintiff’s claims, which are based on Kirkland’s alleged fraud,
clearly arise from Kirkland’s extensive communications with Plaintiff and Cheng for the purpose of
soliciting Plaintiff’s investment and Kirkland’s participation in several transactions made in and out

of the State of North Carolina, including Kirkland’s failure to return such funds.
Finally, the Court considers whether the exercise of personal jurisdiction over Kirkland is
constitutionally reasonable. Based on Kirkland’s continuous communication with Plaintiff and
Cheng and Kirkland’s active participation in soliciting investment funds from Plaintiff, Kirkland
cannot reasonably argue that this Court’s exercise of personal jurisdiction over him was not
anticipated. See World-Wide Volkswagen Corp. v. Wooden, 444 U.S. 286, 297 (1980) (“the
foreseeability that is critical to due process analysis… is that the defendant’s conduct and connection
with the forum State are such that he should reasonably anticipate being haled into court there”).
Additionally, as principal of Premier, Kirkland has already agreed to the exclusive jurisdiction of

North Carolina’s courts in the Collateralized Trade Funding Agreement. See Doc. No. 1-11, pp. 4-5.
Accordingly, the Court finds its exercise of personal jurisdiction over Kirkland does not offend the
traditional notions of fair play and substantial justice and is constitutionally reasonable.
ii. Specific Jurisdiction Under the Conspiracy Theory
Plaintiff also asserts specific jurisdiction is appropriate here under the conspiracy theory.
(Doc. No. 13, pp. 9-10). Because the Court has already determined it has specific personal jurisdiction
over Kirkland, it is not necessary to determine whether the Court also has jurisdiction under the
conspiracy theory.
B. Venue
Kirkland also moves this Court to dismiss Plaintiff’s Complaint for improper venue pursuant
to Rule 12(b)(3) of the Federal Rules of Civil Procedure and 28 U.S.C. § 1391. 28 U.S.C. § 1391(b)
permits a civil action to 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 jurisdiction with respect to such action.

Where a plaintiff files an action in the wrong district, 28 U.S.C. § 1406(a) requires the court
to “dismiss, or if it be in the interest of justice, transfer such case to any district or division in which
it could have been brought”. The Court notes that Plaintiff has failed in both its initial Opposition
Memorandum (Doc. No. 13) and its Supplemental Opposition Memorandum (Doc. No. 44) to discuss
whether venue is proper under 28 U.S.C. § 1391; Plaintiff does, however, assert venue properly lies
in this Court, because “a substantial part of the events or omissions giving rise to the claims alleged
in [Plaintiff’s] Complain [sic] occurred and have a direct effect in this District” in his Complaint.
(Doc. No. 1, p. 2).
In support of his Motion, Kirkland asserts:
Venue is also improper under subsection (2), because a ‘substantial part of the events or
omissions giving rise to the claim’ did not occur in the District of North Carolina. Plaintiff is
arguing that venue is proper in North Carolina because it felt economic harm there. Case
action in North Carolina would impose a significant burden on Mr. Kirkland[.] Accordingly,
venue is not proper…

(Doc. No. 12, p. 12). For the reasons this Court determined it has personal jurisdiction over
Kirkland in this matter, the Court similarly agrees with Plaintiff regarding venue and finds that a
substantial part of the events or omissions giving rise to Plaintiff’s claims occurred in this district.
Accordingly, this Court finds that venue is proper under 28 U.S.C. § 1391(b)(2) and dismissal
based on improper venue is not appropriate.
Moreover, although Kirkland did not move the Court to transfer this case to another
district pursuant to 28 U.S.C. § 1406 or 28 U.S.C. § 1404, the Court nonetheless finds that the
interest of justice does not warrant transfer of this matter to a different venue. 28 U.S.C. § 1404
provides, in relevant part, that “[f]or the convenience of parties and witnesses, in the interest of
justice, a district court may transfer any civil action to any other district or division where it might

have been brought”. 28 U.S.C. § 1404(a).
To determine whether a case should be transferred for the convenience of parties,
witnesses, and in the interest of justice, this Court must exercise its own discretion and apply a
balancing test in deciding whether transfer is appropriate. Liesman v. Weisberg, 2018 WL
342691, *3 (W.D.N.C. 2018) (citing Jim Crockett Promotions, Inc. v. Action Media Grp., Inc.,
751 F. Supp. 93 (W.D.N.C. 1990)). The factors to be considered include:
1. The plaintiff’s initial choice of forum;
2. The residence of the parties;
3. The relative ease of access of proof;
4. The availability of compulsory process for attendance of witnesses and the
costs of obtaining attendance of willing witnesses;
5. The possibility of a view by the jury;
6. The enforceability of a judgment, if obtained;
7. The relative advantages and obstacles to a fair trial;
8. Other practical problems that make a trial easy, expeditious, and inexpensive;
9. The administrative difficulties of court congestion;
10. The interest in having localized controversies settled at home and the
appropriateness in having the trial of a diversity case in a forum that is at home
with state law that must govern the action; and
11. The avoidance of unnecessary problems with conflict of laws.

Id. The court must analyze the eleven factors based on quality, not just quantity, and, in most cases,
the plaintiff’s choice of forum should be given significant weight and should not be disturbed unless
the balance is strongly in favor of transfer. Id. (citing Collins v. Straight, Inc., 748 F.2d 916, 921 (4th
Cir. 1984)).
Here, four factors weigh heavily against transfer. The first factor, Plaintiff’s initial choice of
forum, clearly weighs against transfer because Plaintiff filed this action in the Western District of
North Carolina. (Doc. No. 1). The catch-all eighth factor, other practical problems that make a trial
easy, expeditious, and inexpensive, also weighs against transfer because this case involves several
parties, including Plaintiff, Cheng, FXTrade, and Dragon, who are all residents of, or have a principal
place of business in, Mecklenburg County, North Carolina. (Doc. No. 1, pp. 1-2). Thus, four of the

six named parties in this action reside or are doing business in Mecklenburg County, North Carolina.
Similarly, the third and fourth factors also weigh against transfer, as the availability of evidence and
witnesses will likely be more accessible and/or available where a majority of the parties reside.
Of the remaining seven factors, six factors favor neither party. The second factor, the
residence of the parties, favors neither party as Plaintiff resides in Mecklenburg County, North
Carolina (Doc. No. 1, p. 1), and Kirkland resides in the state of Georgia (Doc. No. 12, p. 2). Further,
Plaintiff and Kirkland have failed to argue why the fifth, seventh, ninth, tenth, and eleventh factors
would favor either party, and the Court sees no apparent reason why these factors would not be
neutral.

Finally, the sixth factor, the enforceability of a judgment, if obtained, appears to support
transfer because Kirkland resides in the state of Georgia. Id. Although this factor weighs in favor of
transfer, the Court cannot ignore the significant factors weighing against transfer of this case,
including Plaintiff’s initial choice of forum. Accordingly, the Court finds that transfer of this case is
not in the interest of justice and DENIES Defendant’s Motion to Dismiss (Doc. No. 12).
IV. CONCLUSION
IT IS THEREFORE ORDERED that Defendant Stephen L. Kirkland’s Motion to Dismiss
(Doc. No. 12) is DENIED.
IT IS SO ORDERED.
Signed: November 3, 2021

Frank D. Whitney ay
United States District Judge eye

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10257716. Public record. Not legal advice.