DietGoal Innovations LLC v. Taco John's International, Inc.

Filing 35

MEMORANDUM ORDER - Court ORDERS that cause number 2:12-cv-00775 be transferred to the United StatesDistrict Court for the Northern District of Texas.. Signed by Magistrate Judge Roy S. Payne on 2/25/2014. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
DIETGOAL INNOVATIONS LLC
v.
TACO JOHN’S INTERNATIONAL, INC.

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Lead Case: 2:12-cv-761-JRG-RSP
Case No. 2:12-cv-775-JRG-RSP

MEMORANDUM ORDER
Before the Court is Defendant Taco John’s (“Taco”) Motion to Dismiss for Improper
Venue pursuant to Federal Rule of Civil Procedure No. 12(b)(3) and 28 U.S.C. §1406(a) (Dkt.
.

No. 184, filed November 7, 2013). Taco contends that the case should be dismissed, or if
transfer is more appropriate, the case should be transferred to the District of Wyoming. (Id.; see
also Dkt. No. 223.) Plaintiff contends that venue is proper, but also offers the transfer of its
claims to the Northern or Western Districts of Texas as an alternative to dismissal. (Dkt. No.
200.) Taco does not contend that venue in the Northern or Western Districts of Texas is
improper, but simply that the District of Wyoming would be less burdensome to Taco. (Dkt. No.
223.) The Court ORDERS that cause number 2:12-cv-00775 be transferred to the United States
District Court for the Northern District of Texas.
SIGNED this 3rd day of January, 2012.
SIGNED this 25th day of February, 2014.

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ROY S. PAYNE
UNITED STATES MAGISTRATE JUDGE