McGinley et al v. Luv n' care, Ltd.

Filing 63

ORDER - the Court GRANTS LNC's Motion to Reconsider 58 and transfers these cases to the Western District of Louisiana pursuant to 28 U.S.C. § 1400(b). Signed on 6/23/17 by District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
MICHAEL L. MCGINLEY, ET AL.,
Plaintiffs,
v.
LUV N’ CARE, LTD.,
Defendant.

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Case No. 4:16-CV-W-00283-FJG

ORDER
Currently pending before the Court is defendant Luv n’ care, Ltd. (“LNC’s”)
Motion to Reconsider (Doc. # 58).
Defendant LNC asks the court to reconsider its ruling that venue is proper in this
patent infringement action in light of the Supreme Court’s recent ruling in TC Heartland
LLC v. Kraft Foods Group Brands LLC, 137 S.Ct. 1514, 2017 WL 2216934 (U.S. May
22, 2017). LNC states that as a result of the Supreme Court’s decision in TC Heartland,
venue is no longer proper in this district and LNC has not waived its challenge to venue
in this district. LNC requests that the Court reconsider its prior venue ruling and dismiss
this case or transfer it to the Western District of Louisiana.
Plaintiffs filed a response conceding that an Order transferring this consolidated
action to the Western District of Louisiana under 28 U.S.C. § 1400(b) would be proper
pursuant to the Supreme Court’s decision in TC Heartland. Plaintiffs state that 28
U.S.C. § 1406 (a) states that the court “shall dismiss, or if it be in the interest of justice,
transfer such case to any district . . .in which it could have been brought.” Plaintiffs
state that in the interest of justice, this case should be transferred and should not be

dismissed, as this would be unjust and wasteful. In reply, LNC states that to secure
complete agreement amongst the parties, it withdraws its alternative request that the
case be dismissed and now agrees that the consolidated actions should be transferred
to the Western District of Louisiana.
Accordingly, for good cause shown and with no opposition indicated, the Court
GRANTS LNC’s Motion to Reconsider (Doc. # 58) and hereby transfers these cases to
the Western District of Louisiana pursuant to 28 U.S.C. § 1400(b).

Date: June 23, 2017
Kansas City, Missouri

S/ FERNANDO J. GAITAN, JR.
Fernando J. Gaitan, Jr.
United States District Judge

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