MEMORANDUM DECISION AND ORDER
ROBINSON, District Judge.
I. Background
Michael V. Motise (the "Plaintiff) filed this action against America Online, Inc. (the "Defendant") in this court in March 2004. The Defendant moved to dismiss the action pursuant to Rules 12(b)(3) and 12(b)(6) of the Federal Rules of Civil Procedure or, in the alternative, transfer the case to the Eastern District of Virginia pursuant to 28 U.S.C. § 1404.
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