Can a court enforce a forum selection clause under Rule 12(b)(3)?

We review a district court's decision to enforce a forum selection clause under Rule 12(b)(3) for abuse of discretion.¹ Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1137 (9th Cir. 2004) (as amended). In doing so, however, we "must draw all reasonable inferences in favor of the non-moving party and resolve all factual conflicts in favor of the non-moving party." Id. at 1138. The non-moving party's pleadings need not be accepted as true, however, and we may consider facts outside the pleadings. Id. at 1137.