Niagara Restitution Services LLC et al v. Degen, No. 1:2015cv00580 - Document 15 (W.D.N.Y. 2016)

Court Description: DECISION & ORDER: Defendant's motion to dismiss 11 is granted in part and denied in part. The motion to dismiss under Rule 12(b)(3) for improper venue is DENIED, and the motion to dismiss Plaintiffs' breach of contract claim under Rule 12(b)(6) is GRANTED. Plaintiffs' breach of contract claim is dismissed without prejudice. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 05/23/2016. (ZS)