Westech Aerosol Corporation v. Wilsonart LLC

Filing 30

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 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. C17-5088-RBL ORDER ON TC HEARTLAND 10 Plaintiff, v. 11 WILSONART LLC, 12 Defendant. 13 14 15 16 17 18 19 20 THIS MATTER is before the Court on its own motion. Plaintiff Westech alleges Defendant Wilsonart “is a limited liability company organized and existing under the laws of the State of Delaware, with a principal place of business in or near Temple, 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 21 22 23 24 ORDER ON TC HEARTLAND - 1 1 allege venue is proper in this district, it shall do so within 30 days. If it cannot, it has thirty days 2 to show cause why its case 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 ON TC HEARTLAND - 2

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