BLOWN AWAY, LLC v. BLAST BLOW DRY BAR, LLC

Filing 32

Minute Entry for proceedings held before Judge Susan Richard Nelson: denying 14 Motion to Dismiss for Lack of Jurisdiction; granting 21 Motion to Transfer/Change Venue. This action is transferred to the United States Distrit Court for the Western District of Texas. The Clerk of Court is directed to effect the transfer. (Court Reporter Heather Schuetz) (SMD)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

CIVIL MOTION HEARING
Blown Away, LLC,
Plaintiff,
v.
Blast Blow Dry Bar, LLC,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

COURT MINUTES
BEFORE: Susan Richard Nelson
U.S. District Judge
Case No:
Date:
Court Reporter:
Courthouse:
Courtroom:
Time Commenced:
Time Concluded:
Time in Court:

14cv3290 (SRN/JSM)
June 18, 2015
Heather Schuetz
St. Paul
7B
9:35 a.m.
9:55 a.m.
20 Minutes

Hearing on: Defendant's Motion to Dismiss for Lack of Jurisdiction [Doc. No. 14], Plaintiff's Motion to Transfer/Change
Venue [Doc. No. 21].

APPEARANCES:
Plaintiff:
Defendant:

Ashley M. Bennett Ewald
Michael M. Lafeber

PROCEEDINGS:
The motions were submitted, argued, and the Court ruled from the bench as follows:
While the Court doubts that it can exercise personal jurisdiction over Defendant, the Court favors resolution on the merits
and does not find that Plaintiff acted in bad faith in filing this case in the District of Minnesota. Accordingly, pursuant to
28 U.S.C. §§ 1406(a) and 1631, the Court finds, that in the interest of justice, this matter should be transferred to the
Western District of Texas, where it appears that this case could have been brought at the time it was filed.
IT IS HEREBY ORDERED THAT:
1. Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction [Doc. No. 14] is DENIED;
2. Plaintiff’s Motion to Transfer Venue [Doc. No. 21] is GRANTED;
3. This action is transferred to the United States District Court for the Western District of Texas; and
4. The Clerk of Court is directed to effect the transfer.
: NO written order will be issued.

s/S.DelMonte
Courtroom Deputy

M:\templates\cv-motion - Art III wpt

Form Modified: 11/29/11