Matera v. Native Eyewear, Inc.
This case involves Pasquale Matera (Plaintiff) suing Native Eyewear, Inc. (Defendant) for breach of a consulting agreement. Matera, a New York resident, alleges Native Eyewear, a Pennsylvania corporation, failed to pay royalties and provide royalty statements for design and marketing services. Native Eyewear moved to dismiss the complaint for improper venue or, alternatively, to transfer the case to the Eastern District of Pennsylvania, citing a forum selection clause in the agreement. The Court, presided over by District Judge Spatt, denied both motions. It found that personal jurisdiction over Native Eyewear existed in the Eastern District of New York under CPLR § 302(a)(1) due to the ongoing contractual relationship and Matera's services being rendered in New York for the defendant's benefit. The Court also determined that the clause in the agreement was not a mandatory forum selection clause and thus did not preclude the action in New York or necessitate a transfer.