1

In pertinent part, the Agreement reads as follows:

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

GW EQUITY LLC, GWBS, INC., and §

GREAT WESTERN BUSINESS §

SERVICES, LLC, §

§

Plaintiffs, §

§

vs. § CIVIL ACTION NO. 3:05-CV-0800-R

§

PBS GLOBAL, IND. f/k/a §

PRUDENTIAL BUSINESS SERVICES §

INC., et. al., §

§

Defendants. §

ORDER

Now before the Court is SEPARATE DEFENDANT, WAYNE LEE’S SPECIAL

APPEARANCE OBJECTING TO JURISDICTION AND PLEA IN ABATEMENT (filed

May 11, 2005). Defendant Lee seeks dismissal of the claims against him for lack of personal

jurisdiction. 

A forum selection provision in a contract is prima facie valid and enforceable unless the

opposing party shows that enforcement would be unreasonable. Kevlin Servs. Inc. v. Lexington

State Bank, 46 F.3d 13, 15 (5th Cir. 1995) (citing M/S Bremen v. Zapata Off-Shore Co., 407 U.S.

1, 10, 92 S. Ct. 1907, 1913, 32 L. Ed. 2d 513 (1972) and Carnival Cruise Lines, Inc. v. Shute,

499 U.S. 585, 111 S. Ct. 1522, 1527, 113 L. Ed. 2d 622 (1991)). An independent contractor

agreement between Plaintiffs and Defendant Lee (‘Agreement”), which is part of the record in

this case, contains a clear and unequivocal forum selection clause. 1 This Court’s review of the

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION

FILED

June 1, 2005

CLERK, U.S. DISTRICT COURT

Case 3:05-cv-00800 Document 37 Filed 06/01/2005 Page 1 of 2

GW Equity LLC et al v. PBS Global Inc et al Doc. 37

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Governing Law. The Terms and Conditions of this Agreement shall be construed

pursuant to and in accordance with the laws of the state of Texas and all of the

covenants and obligations hereunder are fully enforceable and performable in the

City of Dallas, Dallas County, Texas.

Venue: IC irrevocably consents and hereby agrees that any lawsuit relating to any

matter arising under this Agreement shall be initiated in a State or Federal court in

the City of Dallas, Dallas County, Northern District of Texas, State of Texas,

United States of America.

Jurisdiction: IC irrevocably consents to the jurisdiction and of the service of

process, pleading, and notices in connection with any and all actions and

processes initiated in a State or Federal court located in the City of Dallas, Dallas

County, Northern District of Texas, State of Texas, United States of America.

2

For wholly separate reasons discussed in a separate opinion, this Court also finds that the

claims against Defendant Lee are subject to arbitration in accordance with an arbitration clause

in the Agreement. 

language of the Agreement reveals no ambiguity in the interpretation of the language of the

choice of forum provision. Because Defendant Lee has not shown that the enforcement of the

choice of forum provision would be unreasonable due to fraud or overreaching, this Court finds

the provision to be valid and that, accordingly, this Court has jurisdiction over Defendant Lee.2

For these reasons, Defendant Lee’s Objecting to Jurisdiction and Plea in Abatement,

construed by this court as a Motion to Dismiss for Lack of Personal Jurisdiction, is hereby

DENIED.

It is so ORDERED.

Signed: June 1, 2005.

_________________________________

JERRY BUCHMEYER

SENIOR U.S. DISTRICT JUDGE

NORTHERN DISTRICT OF TEXAS

Case 3:05-cv-00800 Document 37 Filed 06/01/2005 Page 2 of 2