Portal Technologies LLC v. IAC/Interactivecorp et al

Filing 62

MEMORANDUM ORDER. Signed by Judge Rodney Gilstrap on 9/7/2012. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
PORTAL TECHNOLOGIES LLC
v.
IAC/INTERACTIVECORP, et al.

§
§
§
§
§

Case No. 2:11-CV-439-JRG-RSP

MEMORANDUM ORDER
Currently before the Court is the Memorandum Opinion and Order filed by the
Magistrate Judge on August 15, 2012 (Dkt. No. 59) denying the Motion to Change Venue to the
Southern District of New York (Dkt. No. 19) filed by defendants IAC Search & Media, Inc.,
IAC/InterActiveCorp., and Mindspark Interactive Network, Inc. Having considered the
Objections filed by Defendants (Dkt. No. 61), and finding them to be without sufficient merit,
the Objections are overruled. The fact that the Plaintiff was incorporated two and a half years
ago (nearly two years before suit was filed), rather than five years ago, does not materially
.
change the analysis. Either way, it is clear that the Plaintiff has been operating in this District
since long before suit was filed. The record supports the other findings of the Magistrate Judge
and Defendants have not shown that the Opinion was clearly erroneous. Accordingly,
IT IS ORDERED that the Motion to Change Venue to the Southern District of New York
(Dkt. No. 19) filed by defendants IAC Search & Media, Inc., IAC/InterActiveCorp., and
Mindspark Interactive Network, Inc. is DENIED.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 7th day of September, 2012.

____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE