Excel Marketing Solutions, Inc. v. Direct Financial Solutions, LLC et al
| Excel Marketing Solutions Inc |
| Direct Financial Solutions, LLC and OIX^2 Inc |
| 3:2011cv00109 |
| January 18, 2011 |
| U.S. District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Sidney A Fitzwater |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
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MEMORANDUM OPINION AND ORDER denying 12 Motion to Remand filed by Excel Marketing Solutions Inc, and granting 4 Motion to Dismiss filed by OIX2 Inc, Direct Financial Solutions, LLC. The court denies Excel's February 17, 2011 motion to reman d and grants OIX2's January 25, 2011 motion to dismiss for failure to state a claim on which relief can be granted. The action against OIX2 is dismissed with prejudice. The court grants DFS's January 25, 2011 motion to dismiss and dismiss es this action without prejudice to Excel's refiling suit against DFS in accordance with the forum selection clause, i.e., in the state and federal courts located within the County of New Castle, Delaware. This case is dismissed by judgment filed today. (Ordered by Chief Judge Sidney A Fitzwater on 5/13/2011) (Chief Judge Sidney A Fitzwater)
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