Hunter Douglas Inc. v. Throne et al

Filing 28

ORDER Denying 24 Motion to Dismiss or Transfer: Defendants motion to dismiss or transfer, including the Rule 12(b)(6) motion is denied, by Judge Richard P. Matsch on 10/9/20.(jsmit)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 14-cv-01807-RPM
HUNTER DOUGLAS INC.,
Plaintiff,
v.
JASON T. THRONE,
MARY C. THRONE, and
PATENT SERVICES GROUP, INC.,
Defendant.
_____________________________________________________________________
ORDER DENYING DEFENDANTS’ MOTION TO DISMISS OR TRANSFER
_____________________________________________________________________
On September 22, 2014, the defendants filed a motion to dismiss or transfer [Doc. 24].
The motion to dismiss for improper venue or in the alternative for transfer under 28 U.S.C.
§ 1404 has been fully briefed. In the reply filed October 7, 2014 [Doc. 27] the defendants
concede that venue in this district is proper and ask for a discretionary transfer under 28 U.S.C.
§ 1404(a). The defendants have not made a persuasive case for a discretionary transfer of this
civil action to the District of Maine. Contained in the motion to dismiss or transfer is also a
motion under Fed. R. Civ. P. 12(b)(6) to dismiss counts one and two. The allegations of the
complaint are sufficient to state those claims for relief. It is now
ORDERED that the defendants’ motion to dismiss or transfer, including the Rule 12(b)(6)
motion is denied.
DATED: October 9th, 2014
BY THE COURT:

s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge