Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Future Sanitation, Inc. v. Southeast Personnel Leasing, Inc.

United States District Court, M.D. Florida

November 27, 2017

FUTURE SANITATION, INC., Plaintiff,
v.
SOUTHEAST PERSONNEL LEASING, INC., Defendant.

          MEMORANDUM AND ORDER

          PETER G. SHERIDAN, U.S.D.J.

         This matter comes before the Court on Defendant Southeast Personnel Leasing, Inc.'s motion to transfer the case to the District Court for the Middle District of Florida, Tampa Division, pursuant 28 U.S.C. § 1404(a) (ECF No. 5). Plaintiff Future Sanitation, Inc. opposes the motion on the basis that the parties' prior forum selection clause is unenforceable. For the reasons set forth below, Defendant's motion to transfer will be granted.

         Background

         This case arises from a breach of contract. Plaintiff Future Sanitation is a New Jersey-based corporation that provides waste removal and hauling services. (SAC at ¶¶1- 3). Defendant SouthEast is a Florida-based “personnel company” that “provides ‘back office' administrative services to companies, including payroll services, processing of workers' compensation insurance premiums, and other bookkeeping-type services.” (Id. at ¶¶ 2-4).

         In 2013, Future Sanitation and SouthEast entered into a “Customer Service Agreement, ” wherein SouthEast essentially took control of Future Sanitation's workforce and operations. (Id. at ¶ 7). “As part of the parties' contract, SouthEast was obligated to pay the workers' compensation insurance premiums for Future Sanitations' employees, and then in turn, would charge Future Sanitation a weekly amount equal to the insurance premium.” (Id. at ¶ 10). The agreement also contained a choice of law and forum selection clause, which provided:

         XII. General Provisions.

A. Applicable Law. This Agreement shall be governed by the laws of Florida and both Parties consent to venue and personal jurisdiction over them in the courts of that state, including the federal courts, for purposes of construction and enforcement of this Agreement.

(ECF No. 5-4, “Exhibit B”).

         In March 2015, the parties entered a “Client Leasing Agreement, ” which set forth essentially the same terms described above. (ECF No. 5-3, “Exhibit A”). Specifically, the parties agreed to the same mandatory forum selection clause as the 2013 agreement:

         XIII. GENERAL PROVISIONS

(Image Omitted)

(Id.).

         According to the Complaint, over the course of the parties' contract, disputes arose due to SouthEast purportedly overcharging Future Sanitation. For instance, although Future Sanitation reduced the workers' compensation premium, it continued to charge Future Sanitation at the higher rate. (SAC at ¶¶ 13-14). Future Sanitation claims, “SouthEast used its control over Future Sanitation's workforce and payroll to force Future Sanitation to pay the unlawfully inflated workers' compensation rates.” (Id. at ¶ 23). Nevertheless, on April 12, 2016, SouthEast terminated their Client Leasing Agreement with Future Sanitation, due to its failure to make timely payments. (ECF No. 8-2 “Exhibit C”).

         Plaintiff raises six contract-based causes of action: (1) breach of contract; (2) breach of obligation of good faith and fair dealing; (3) tortious interference with contractual relationships; (4) tortious interference with prospective economic advantage; (5) unjust enrichment; and (6) breach of fiduciary duty. Defendant responds, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.