Trek Bicycle Corporation v. LeMond Cycling, Inc.

Filing 7

MOTION to Dismiss or in the Alternative, Transfer Venue by Defendant LeMond Cycling, Inc. Brief in Opposition due by 7/3/2008, Brief in Reply due by 7/14/2008. (Attachments: # 1 Certificate of Service) (Rahne, Denise) [Transferred from Wisconsin Western on 6/18/2008.]

Trek Bicycle Corporation v. LeMond Cycling, Inc.

Doc. 7

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN

TREK BICYCLE CORPORATION, Plaintiff, v. LEMOND CYCLING, INC., Defendant. ______________________________________________________________________________ DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO TRANSFER VENUE ______________________________________________________________________________ Defendant LeMond Cycling, Inc. ("LeMond Cycling"), respectfully moves this Court for an Order dismissing the Complaint in the above-entitled action with prejudice; or, in the alternative, transferring the above-entitled action to the United States District Court for the District of Minnesota pursuant to 28 U.S.C. § 1404(a) and the Court's inherent power to transfer or dismiss actions to avoid wasteful or repetitive litigation. The grounds for this motion are that the above-entitled action is duplicative of an earlier action pending in the District of Minnesota, and may, therefore, properly be dismissed, or in the alternative, transferred to the District of Minnesota where it can be consolidated with pending litigation. The grounds are set forth in Case No. 08-CV-198 (BBC)

80102099.1

Dockets.Justia.com

further detail in the Memorandum of Law and Declarations filed by LeMond Cycling, Inc. in support of this motion and the record in this case. DATED: June 12, 2008 ROBINS, KAPLAN, MILLER & CIRESI L.L.P. By__s/Denise S. Rahne______________ Christopher W. Madel (#23097) Denise S. Rahne (#331314) 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, MN 55402-2015 [phone] GODFREY & KAHN S.C. Todd G. Smith Linda S. Schmidt One East Main Street, Suite 500 Post Office Box 2719 Madison, WI 53701-2719 Telephone: [phone] Facsimile: [phone] [e-mail] ATTORNEYS FOR DEFENDANT

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