Plaintiff Bank of America, N.A., filed a complaint in the District Court for the Southern District of New York against defendants Wilmington Trust FSB, Commonwealth Land Title Insurance Co., Fidelity–National Title Insurance Co., and First American Title Insurance Co. Bank of America sought a declaratory judgment resolving its duties to provide certain information to defendants in connection with multiple lawsuits brought in the wake of the failed Fontainebleau Las Vegas project. Defendants moved to dismiss arguing that venue was improper pursuant to Federal Rule of Civil Procedure 12(b)(3).

The case had a connection in name only to the Southern District of New York. All parties had main offices outside New York. The Fontainebleau Project began and stopped in Nevada, and a subsequent bankruptcy of the Fontainebleu was pending in Florida. The Court transferred the case the United States District Court for the Southern District of Florida with a recommendation that the action be referred the Bankruptcy Court handling the underlying bankruptcy.

Defendant judgment creditor’s claim to pierce the corporate veil of the plaintiff dismissed on the basis the Federal Court should abstain from abstain in favor of an ancillary proceeding in the North Carolina State court.

Action under the Lanham Act for trademark infringement and unfair competition. Motion to dismiss amended complaint denied. Amended complaint sufficient to state a Lanham Act claim and claim for preliminary injunction.