Rivera v. Body Armor Outlet, LLC et al

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
* * *
ALEJANDRO RIVERA,
Plaintiff,
v.
BODY ARMOR OUTLET, LLC, a New
Hampshire domestic LLC d/b/a BAO
TACTICAL; ACE WELDING CO., INC.,
a New Hampshire Domestic Profit
Corporation; DOES I though X, and ROE
BUSINESS CORPORATIONS I through X,
inclusive,
Defendants.
Case No. 2:17-cv-02261-MMD-NJK
ORDER
Plaintiff Alejandro Rivera’s claims arise from injuries allegedly sustained from an
incident where he tested the safety of equipment purchased online from Defendant Body
Armor Outlets, LLC (“Body Armor”) that were manufactured by Ace Welding Co. (“Ace
Welding”). (ECF No. 1-1 at 6-7.) Ace moves to dismiss based on lack of personal
jurisdiction, arguing that Ace is a New Hampshire based company that does not have the
required contacts with Nevada for purposes of general or specific jurisdiction. (ECF No.
17.) Body Armor similarly moves for dismissal or, in the alternatively, to transfer venue to
the District of New Hampshire. (ECF No. 18.) Plaintiff opposes both motions (ECF No.
25, 26). However, Plaintiff has moved to transfer venue to the District of New Hampshire,
based on the disclosure of a potential third party who operates out of Massachusetts.
(ECF No. 33 at 5-8.) Body Armor joins Plaintiff’s motion to transfer. (ECF No. 34.) The
Court agrees with Plaintiff and Body Armor that the proper venue is the District of New
Hampshire.
Case 1:17-cv-00512-LM Document 35 Filed 10/20/17 Page 1 of 2

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It is therefore ordered that Body Amor’s alternative motion to transfer venue (ECF
No. 18) and Plaintiff’s motion to transfer venue (ECF No. 33) are granted. This action will
be transferred to the District of New Hampshire.
The Clerk is directed to effectuate the transfer of venue and close this case.
DATED THIS 20th day of October 2017.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
Case 1:17-cv-00512-LM Document 35 Filed 10/20/17 Page 2 of 2