CRAYOLA LLC v. BUCKLEY

Filing 26

OPINION/ORDER THAT THE MOTION TO DISMISS (DOC. NO. 16) IS GRANTED IN PART AND DENIED IN PART. THEREFORE, THIS ACTION IS TRANSFERRED TO THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS. THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 4/14/16. 4/14/16 ENTERED AND COPIES E-MAILED. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CRAYOLA LLC,
Plaintiff,
v.
ROBERT BUCKLEY,
Defendant.

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CIVIL ACTION NO. 15-6270

ORDER
AND NOW, this 14th day of April, 2016, after considering the motion to dismiss for lack
of personal jurisdiction, for improper venue, for failure to join an indispensable party or, in the
alternative, motion to transfer venue to the Western District of Arkansas filed by the defendant,
Robert Buckley (Doc. No. 16); and after reviewing the complaint (Doc. No. 1) and the parties’
submissions relating to the motion to dismiss and any attachments thereto (Doc. Nos. 22–24);
and after an evidentiary hearing during which both parties were present and represented by
counsel; accordingly, it is hereby ORDERED as follows:
1.

The motion to dismiss (Doc. No. 16) is GRANTED IN PART and DENIED IN

PART as follows:
a.

The motion to dismiss for improper venue, to the extent the defendant

asserts that venue in the Eastern District of Pennsylvania is improper, is GRANTED;
b.

The motion to dismiss for improper venue, to the extent the defendant

asserts that the court should dismiss the action for improper venue, is DENIED. Under
28 U.S.C. § 1406, the interests of justice favor transferring this matter to the United
States District Court for the Western District of Arkansas rather than dismissing the

action. Therefore, this action is TRANSFERRED to the United States District Court for
the Western District of Arkansas;
c.

The motion to dismiss for lack of personal jurisdiction is DENIED AS

MOOT;
d.

The motion to dismiss for the failure to join an indispensable party is

DENIED AS MOOT and WITHOUT PREJUDICE;
e.

The motion, in the alternative, to transfer venue under 28 U.S.C. § 1404(a)

is DENIED AS MOOT; and
2.

The clerk of court shall mark this matter as CLOSED.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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