Dunstan et al v. comScore, Inc.

Filing 12

MOTION by Defendant comScore, Inc. to dismiss or in the alternative, MOTION by Defendant comScore, Inc. to transfer case (Hudson, Leonard)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
MIKE HARRIS and JEFF DUNSTAN,
Individually and on behalf of a class of
similarly Situated individuals,
Plaintiff,
v.
COMSCORE, INC., a Delaware corporation,
Defendant.

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) Case No. 1:11-5807
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) Hon. James F. Holderman
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DEFENDANT’S MOTION TO DISMISS UNDER RULE 12(B)(3) OR, IN THE
ALTERNATIVE, TO TRANSFER VENUE UNDER 28 U.S.C. § 1404(A)

Defendant comScore, Inc. (“comScore”) by its undersigned counsel, and pursuant to Rule
12(b)(3) of the Federal Rules of Civil Procedure, respectfully requests that this Court dismiss this
action because Plaintiffs are subject to a mandatory forum selection clause that designates
Virginia courts as the exclusive venue for Plaintiffs’ claims. Alternatively, comScore
respectfully requests, pursuant to 28 U.S.C. § 1404(a), that this Court transfer this action to the
Eastern District of Virginia because it is a more convenient forum, and because Plaintiffs are
subject to a mandatory forum selection clause that designates Virginia courts as the exclusive
venue for Plaintiffs’ claims. This Motion is based on this Notice of Motion and Motion,
comScore’s supporting Memorandum of Points and Authorities, the supporting declarations of
John O’Toole and Ray Sardo filed concurrently herewith, and the court records and files in this
Action.
WHEREFORE, comScore respectfully requests that this Court dismiss this action
pursuant to Rule 12(b)(3) of the Federal Rules of Civil Procedure, or transfer it to the Eastern
District of Virginia pursuant to 28 U.S.C. § 1404(a).

1237087

Dated: September 28, 2011
Respectfully submitted,
COMSCORE, INC.

By: /s/ Leonard E. Hudson
One of Its Attorneys

Of counsel (pro hac vice applications pending):
Michael G. Rhodes, [e-mail]
Whitty Somvichian, [e-mail]
Ray Sardo, [e-mail]
COOLEY LLP
101 California Street, 5th Floor
San Francisco, CA 94111
Telephone: [phone]
Local counsel
David Z. Smith (ARDC #6256687)
Leonard E. Hudson (ARDC # 6293044)
REED SMITH LLP
10 South Wacker Drive
Chicago, IL 60606-7507
Telephone: [phone]
Facsimile: [phone]

2.
1237087

CERTIFICATE OF SERVICE
The undersigned attorney certifies that he or she caused a copy of the foregoing document to be
served on counsel listed below via the Court’s CM/ECF online filing system this 28th day of
September, 2011.
/s/ Leonard E. Hudson
Attorney for Defendant comScore, Inc.

TO:
Steven W. Teppler
William C. Gray
Ari J. Scharg
EDELSON MCGUIRE LLC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
MIKE HARRIS and the Putative Class

US_ACTIVE-107381899.1-LEHUDSON 9/28/11 9:52 AM