Westech Aerosol Corporation v. ITW Polymers Sealants North America Inc.

Filing 33

ORDER Re TC Heartland; Plaintiff has 30 days to amend its complaint to show proper venue; if it cannot, it has thirty days to show cause why this case should not be dismissed or transferred; signed by Judge Ronald B. Leighton. (DN)

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HONORABLE RONALD B. LEIGHTON 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 9 WESTECH AEROSOL CORPORATION, CASE NO. C17-5068-RBL ORDER RE TC HEARTLAND 10 Plaintiff, v. 11 12 13 ITW POLYMERS SEALANTS NORTH AMERICA INC., Defendant. 14 15 16 17 18 19 20 21 THIS MATTER is before the Court on its own motion. Plaintiff Westech alleges Defendant ITW “is a corporation organized and existing under the laws of the State of Texas, with a principal place of business in or near Irving, Texas.” Dkt. #23 (Amended Complaint) at 2. After TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16–341, 2017 U.S. LEXIS 3213 (May 22, 207), this allegation does not capture the Court’s jurisdiction. If Westech can amend its complaint, consistent with its Rule 11 obligations, to allege venue is proper in this 22 23 24 ORDER RE TC HEARTLAND - 1 1 district, it shall do so within 30 days. If it cannot, it has thirty days to show cause why its case 2 should not be dismissed or transferred. 3 IT IS SO ORDERED. 4 Dated this 7th day of August, 2017. 6 A 7 Ronald B. Leighton United States District Judge 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER RE TC HEARTLAND - 2

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