Webb Candy, Inc. et al v. Walmart Stores, Inc.

Filing 3

MOTION to Dismiss or, in the Alternative, to Transfer Venue by Walmart Stores, Inc.. (McLaren, Sarah)

Case 0:09-cv-02056-PJS-JJK Document 3

Filed 08/12/09 Page 1 of 1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA Webb Candy, Inc. and Licensed Sports Marketing, LLC, Plaintiffs, vs. Wal-Mart Stores, Inc., Defendant. Defendant Wal-Mart Stores, Inc. moves the Court to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(3) for improper venue or, in the alternative, to transfer venue to the United States District Court for the Western District of Arkansas pursuant to 28 U.S.C. § 1404(a). This Motion is based on the file, record, pleadings, and arguments of counsel in the case, as well as Defendant's Memorandum of Law, Declarations, and Exhibits which will be filed in accordance with the local rules. Dated: August 12, 2009 s/Sarah C.S. McLaren Richard D. Snyder (#191292) Sarah C.S. McLaren (#0345878) FREDRIKSON & BYRON, P.A. 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402-1425 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] ATTORNEYS FOR DEFENDANT WAL-MART STORES, INC.
4601229_1.DOC

Court File No. 09-cv-2056 PJS/JJK

DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO TRANSFER VENUE