Three Improper Venue Attempts and Refusal to Stipulate to Transfer Warrants Dismissal Under § 1406(a)

After determining venue in the Western District of Pennsylvania was improper for this false advertising suit, the magistrate judge recommended dismissing the suit under § 1406 rather than transferring due to plaintiffs’ repeated improper venue filings. “This district is the third improper venue where defendants have been forced to defend themselves. Exacerbating the situation is the fact that despite being notified by defendants of the proper venue, plaintiff has twice refused to stipulate to transfer. Based on this record, the Court concludes that defendants’ motion to dismiss does not seek to penalize plaintiff based on mere technicalities and that transfer would not be in the interest of justice. Accordingly, the case must be dismissed under § 1406(a).”

Nutrition Distribution, LLC v. The Muscle Store, Inc. et al, 2-17-cv-01515 (PAWD 2018-07-10, Order) (Cynthia Reed Eddy)

2018-07-12T11:41:02+00:00July 12th, 2018|Docket Report, Trademark|