Daniel Defense, Inc v. Remington Outdoor Company, Inc. et al

Filing 34

ORDER denying 10 Motion to Dismiss or to transfer. Signed by Judge J. Randal Hall on 12/28/2015. (thb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOI]:THERN DISTRICT OF GEORGIA
SAVANNAII DIVISION

DANIEL DEFENSE, INC.,

f ,

Pl-aintif

cv 415-135

V.

REMINGTON ARMS COMPANY, LLC,

De f endant

ORDER

PrFsenl-

or

lv

before

transfer

to

For

10)

Arms company, LLc,
trade

Remington

that

practices

the

instanL

motion

!o

however,

Plaintiff

dismiss

a ^ ^ ^ r A s hr d l v
i a r:

,

dismissed

1 ^ur

naf

or1.li1rf

r1

ysi+rv ,e / qr e l a n f
r
y
4r

Remington

Company, Inc.,

LLC, participated

filed
or

by Defendant
fo

fhe

ouLdoor

in

(compf.,

' q

this

Remington
deceptive

Doc. 1')

(Doc.

an answer

9)

To

and the

subsequent ly,

transfer.

to

with

complaint

an amended compl-ainL

filed

exclusively

a

competition.

defendants

wrongdoing
nuvv!

OuLdoor

and RA Brands.

and unfair

compl-aint,

this

fifed

Plaintiff

2015,

May 13,

alleging

court

l.\6

BACKGROI'ND

I.

on

reasons

the

dismiss

DENIED.

is

motion

(Doc.

to

Defendant' s m o t i o n

is

Court

the

(Doc.

l-5) alleging

Remington Arms Company, LLc-

narfies'

company,

consent

Inc.,

motion,

and

the

RA Brands,

Court

LLc.

(Doc. 22.)
if

the

Now, with

nenosif

ern

f

19?

F.3d

see

DENIED.

*2
moot

renders

complain!
.,nmnl:inr-

(N.D.
the

at

20L5 WL 348852,

the

dismiss
Am.,

LiF.-.arrsc t-he motion

No.

N.A.,

to

motion
seeks

to

As

1:14-cv-00850,

2015) ("The
the

dismiss
a

dismiss

a
is

complaint

original

.Tan. 26,

Ga.

1 - 9 9 9 )( " A n

Cir.

complaint.").

original

Bank o f

v.

Geathers

(11th

n.1

L345
an

to

original

S99 @

!342,

motion

Defendant's

resul-t,

its

an amended complaint,

fifed

supersedes

amended compfaint

transferred.

the alternative,

has been superseded.

complaint

LLc,

company,

MOTION TO DISMISS

II.

Because Pl-aintif

in

or,

should afso be dismissed

must decide

Court

Arms

Remington

Defendant

against

case

the

motion,

insLant

the

amended
originaf

pleading

that

transfer

this

has been superseded. " ) .
MOTION TO TRANSFER

III.

to

matter

to

cites
district
venue

North

of

District

the

of

a

or

wrong division

Ehe

interest

of

district

or

division

in

considering

this

in

district

in

be

motion,

District

1406(a),

s

court

which

to
for

CourE
its

i.,r-i -r-

district

justice,

is

d6d

fifed

shal-f

transfer

Defendant

request,

^i^r/i

western

the

..

fh:t

a

case

such

laying
if

or

dismiss,
case

It]he

to

iL

coufd

have been brought."

court

notes

t.hat venue is

which
the

the

To support

Carol-ina.

u.s.c.

28
court

in

StaEes

UniLed

the

asks

Defendant

Alt.ernatively,

proper

it
any
In
in

\{t)

-irrd.ieial

q
a

\r/

defendants

"(2)

-

the

is

omissions

events

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P4r

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vf

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e ^ 'L , - -

in

district
jurisdiction

with

to

is

the

errLric.-f

is
part

to

the

fhF

is
anV

court's

^Ction

a limited
irrdiCial

personal

question' "

in

action

or

occurred,
^f

,'in

resides

civil-

the

all

district

claim

Here, Defendant

subject

to

respect

the

fha

nafand^nt-

is

which

it

which a substantiaf

rise

S 1391(b)

Iit]

in

in

fuh aq u
rr 1 .

uJ

r ^ F < 1 id F q

dcfend:nf

State

giving

f haraf.\rF

which

anv

district

nr.)neriv
Irlvys!

28 v.S.c.

situated."

'l .i-!.i
r-Ldrrf

the

a judicial

or

whi.-h

of

residents

are

l-ocated" or
of

in

disfri.f

J ssrursr

Id.

S 13e1(c) (2) .
r,'.iFr..i- ^---^--.h P
yat
4v ! d
Defendant

compl-aint,

lrenre

rrrrrnoses-

Georgia,
while
is

the

proper

court

venue

-

on the

in

to

do

convenience

of

other
to

a district.
or

disErict
any

district

consented) .
DENIED.

so.

division
or

transfer

-

cases

S

U.S.C.

witnesses,

where

the

in

its m.ight have
to

which

Defendant.'s

personal
Thus, for
of

District

even

if

venue

has not

asked

1404 (a) ("For
interest

of
any

been brought
parties

all-

motion

the

actj-on to

any civil

may transfer

has

Furthermore,

28

division

Consequently,

proper.

Defendant

and

court

Southern

convenience,
See

parties

justice,

to

courL

Doc. 19.)

the

district

this

of

basis

Court

this

the

in

resides

permitted

is

to

(Ans. to Am. compf.,

D€fendant

making

its

"admits

it."

over

iurisdiction

Pl_aintif f , s amended

answer
that

of

five

to

transfer

or
have
is

IV.

For

the

to d i s m i s s

reasons

above,

or to transfer

ORDER ENTERED at
n6^amhar

tnl

CONCI,USION

the

Court

DENIES Defendant's

motion

(Doc. 10).
AugusLa,

Georgia,

rhis J4u^"

or

q

HONOFAB
TATES DISTRICT JUDGE
DISTRICT OF GEORGIA