Diansky Rouzard v. LinkedIn Corporation

CourtDistrict Court, N.D. California
DecidedOctober 16, 2025
Docket3:25-cv-09072
StatusUnknown

This text of Diansky Rouzard v. LinkedIn Corporation (Diansky Rouzard v. LinkedIn Corporation) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Diansky Rouzard v. LinkedIn Corporation, (N.D. Cal. 2025).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

DIANSKY ROUZARD,

Plaintiff,

v. Case No: 6:24-cv-2270-JSS-LHP

LINKEDIN CORPORATION,

Defendant. ___________________________________/ ORDER Defendant, LinkedIn Corporation, moves to transfer this case to the Northern District of California pursuant to the forum selection clause in its user agreement. (Dkt. 48.) Plaintiff, Diansky Rouzard, proceeding pro se, opposes the motion. (Dkt. 50.) Upon consideration, for the reasons outlined below, the court grants the motion to transfer. BACKGROUND Plaintiff alleges that he is an “individual residing in . . . Florida” who “created and maintained a LinkedIn profile” and “discovered that LinkedIn’s search results displayed unauthorized LinkedIn profile listings and unrelated images.” (Dkt. 47 at 2.) Plaintiff reports that he “emailed LinkedIn [s]upport . . . , attaching evidence of the unauthorized changes and requesting immediate correction.” (Id. at 3.) Purportedly, “[a]fter receiving no corrective action,” Plaintiff initiated this case in December 2024. (Id.; see Dkt. 1.) The court dismissed that complaint in February 2025 as an impermissible shotgun pleading. (Dkt. 17.) In the operative second amended complaint, Plaintiff brings five counts: (1) violation of the Computer Fraud and Abuse Act, (2) violation of the Stored Communications Act, (3) breach of the user

agreement, (4) negligence, and (5) breach of fiduciary duty. (See Dkt. 47.) APPLICABLE STANDARDS Under 28 U.S.C. § 1404(a), “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district

or division where it might have been brought or to any district or division to which all parties have consented.” 28 U.S.C. § 1404(a). “[A] forum[ ]selection clause may be enforced by a motion to transfer under [section] 1404(a).” Atl. Marine Constr. Co. v. U.S. Dist. Ct. for W. Dist. of Tex., 571 U.S. 49, 52 (2013). “When a defendant files such a motion . . . , a district court should transfer the case unless extraordinary

circumstances unrelated to the convenience of the parties clearly disfavor a transfer.” Id. “[P]roper application of [section] 1404(a) requires that a forum[ ]selection clause be given controlling weight in all but the most exceptional cases.” Id. at 59–60 (quotation omitted). Therefore, “[w]hen the parties have agreed to a valid forum[ ]selection clause, a district court should ordinarily transfer the case to the forum

specified in that clause.” Id. at 62; see id. (“Only under extraordinary circumstances unrelated to the convenience of the parties should a [section] 1404(a) motion be denied.”); see also GDG Acquisitions, LLC v. Gov’t of Belize, 749 F.3d 1024, 1028 (11th Cir. 2014) (“[A]n enforceable forum[ ]selection clause carries near[ ]determinative weight . . . .”). When the parties have agreed to a forum selection clause, the plaintiff bears the burden of showing why the case should not be transferred to the agreed forum. Atl. Marine, 571 U.S. at 64. A denial of a motion to transfer may be appropriate if the

plaintiff shows that the public interest favors the plaintiff's selected forum. Id. “Public[ ]interest factors may include the administrative difficulties flowing from court congestion[,] the local interest in having localized controversies decided at home[,] and the interest in having the trial of a diversity case in a forum that is at home with

the law.” Id. at 62 n.6 (alteration adopted and quotation omitted). ANALYSIS To decide whether a case should be transferred pursuant to a forum selection clause, the court must first determine whether the forum selection clause is valid. See Loeffelholz v. Ascension Health, Inc., 34 F. Supp. 3d 1187, 1189–90 (M.D. Fla. 2014). If

a valid forum selection clause exists, the court must then apply a modified section 1404(a) analysis to determine whether there is a reason not to transfer the case to the chosen forum. See Atl. Marine, 571 U.S. at 63. “Forum[ ]selection clauses are presumptively valid and enforceable unless the plaintiff makes a strong showing that enforcement would be unfair or unreasonable

under the circumstances.” Krenkel v. Kerzner Int’l Hotels Ltd., 579 F.3d 1279, 1281 (11th Cir. 2009) (quotation omitted). “Consideration of whether to enforce a forum selection clause in a diversity jurisdiction case is governed by federal law . . . .” P & S Bus. Machs., Inc. v. Canon USA, Inc., 331 F.3d 804, 807 (11th Cir. 2003). Forum selection clauses are invalidated when “(1) its formation was induced by fraud or overreaching[,] (2) the plaintiff would be deprived of its day in court because of inconvenience or unfairness[,] (3) the chosen law would deprive the plaintiff of a

remedy[,] or (4) enforcement of the clause would contravene public policy.” Krenkel, 579 F.3d at 1281. “The burden is on the party resisting the enforcement of a forum selection clause to establish fraud or inequitable conduct sufficient to bar enforcement of the clause.” Cornett v. Carrithers, 465 F. App’x 841, 843 (11th Cir. 2012). Here, the forum selection clause in the user agreement is included in section six,

titled Governing Law and Dispute Resolution, and provides in highlighted text that, because Plaintiff lives in the United States, “[Plaintiff] and LinkedIn agree to resolve [disputes] in California courts using California law.” (Dkt. 34-1 at 15.) It specifies that, for United States residents, “all claims and disputes can be litigated only in the

federal or state courts in Santa Clara County, California, USA, and [Plaintiff] and LinkedIn each agree to personal jurisdiction in those courts.” (Id. at 16.) Plaintiff does not dispute that he agreed to the user agreement, and in fact, he seeks to sue under that agreement. (See Dkts. 47, 50.) Rather, Plaintiff maintains that the forum selection clause is unenforceable as a “non-negotiable clickwrap”

agreement. (Dkt. 50 at 6.)1 However, clickwrap agreements are typically valid and

1 Plaintiff also states that “Florida’s strong interest counsels against export.” (Dkt. 50 at 6.) “[A]s a general rule,” parties—not courts—“are responsible for advancing the facts and argument entitling [the parties] to relief.” United States v. Sineneng-Smith, 590 U.S. 371, 375–76 (2020) (quotation omitted). Accordingly, the court will not search for Florida’s interest or law that supports the assertion that it counsels against transfer. Because Plaintiff does not explain how enforcement of the forum selection clause would contravene strong public policies of Florida, the clause is not unenforceable for public policy reasons. enforceable. See Segal v. Amazon.com, Inc., 763 F. Supp. 2d 1367, 1369 (S.D. Fla. 2011) (citing cases); Falcon v. TelevisaUnivision Digit., Inc., No. 8:23-cv-2340-TPB-UAM, 2024 WL 1492831, at *3 (M.D. Fla. Mar. 29, 2024). Additionally, courts generally enforce

forum selection clauses contained in such agreements. See Segal, 763 F. Supp.

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Related

Krenkel v. Kerzner International Hotels Ltd.
579 F.3d 1279 (Eleventh Circuit, 2009)
Cornett v. Carrithers Ex Rel. Estate of Carrithers
465 F. App'x 841 (Eleventh Circuit, 2012)
Segal v. Amazon. Com, Inc.
763 F. Supp. 2d 1367 (S.D. Florida, 2011)
GDG Acquisitions, LLC v. Government of Belize
749 F.3d 1024 (Eleventh Circuit, 2014)
United States v. Sineneng-Smith
590 U.S. 371 (Supreme Court, 2020)
Paul Turner v. Costa Crociere S.P.A.
9 F.4th 1341 (Eleventh Circuit, 2021)
Loeffelholz v. Ascension Health, Inc.
34 F. Supp. 3d 1187 (M.D. Florida, 2014)
Andrea Juncadella v. Robinhood Financial LLC
76 F.4th 1335 (Eleventh Circuit, 2023)

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