Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

LABOR FORCE, INC. v. JACINTOPORT CORPORATION

June 8, 2001

LABOR FORCE, INC., PLAINTIFF,
V.
JACINTOPORT CORPORATION AND JAMES MCPHERSON, DEFENDANTS.



The opinion of the court was delivered by: Samuel B. Kent, United States District Judge.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS OR TRANSFER VENUE AND ORDERING SUBSTITUTION OF COUNSEL-OF-RECORD

On June 6, 2001, Defendant Jacintoport Corporation filed a Rule 12 (b)(3) Motion to Dismiss or in the Alternative to Transfer for Improper Venue. See Fed. R. Civ. P. 12(b)(3); see also 28 U.S.C. § 1406 (a). Defendant's Motion contends that venue in the Galveston Division of the Southern District of Texas is improper, but that venue in the Houston Division of this Court is proper. Accordingly, Defendant seeks a dismissal or, alternatively, a transfer to the Houston Division of this Court's Judicial District.

Manifestly, any person with even a correspondence-course level understanding of federal practice and procedure would recognize that Defendant's Motion is patently insipid, ludicrous and utterly and unequivocally without any merit whatsoever. Worse, it is just plain blatantly wrong in light of the unambiguous language of a decades old federal statute and veritable mountains of case law addressing venue propriety. See 28 U.S.C. § 1391; see also, e.g., Lowery v. University of Houston — Clear Lake, 50 F. Supp.2d 648, 649 (S.D. Tex. 1999). The federal venue statute hopelessly incorrectly interpreted and cited by Defendant provides that venue is proper in:

(1) a judicial DISTRICT where any defendant resides, if all defendants reside in the same State, (2) a judicial DISTRICT in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial DISTRICT in which any ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.