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MOTISE v. AMERICA ONLINE, INC.

No. 04 CIV. 2121(SCR).

346 F.Supp.2d 563 (2004)

Michael V. MOTISE, Plaintiff v. AMERICA ONLINE, INC. Defendant

United States District Court, S.D. New York.

November 30, 2004.

Attorney(s) appearing for the Case

Michael V. Motise, Mahopac Falls, NY, pro se.

Marshall Beil, McGuireWoods LLP, New York, NY, for Defendant.

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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