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Act 37: Motion To Change Venue (Take 2)

In compliance with Judge Zatkoff's "suggestion" that I submit motions in the correct format, here's my second pass at a motion to move the case from Detroit to Dallas.


UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

THE TAUBMAN COMPANY LIMITED
PARTNERSHIP,
 
Plaintiff, 
 
 Civil Action No. 01-72987
v.
 Honorable Lawrence P. Zatkoff
WEBFEATS and HENRY MISHKOFF, Magistrate Judge Komives
 
Defendants. 


MOTION FOR CHANGE OF VENUE

Defendants request that this action be transferred to the United States District Court for the Northern District of Texas which is located in Dallas, Texas, Defendants' city of residence.

Defendants live and work in Dallas. All of the events giving rise to the claim occurred in Dallas. A substantial part of Plaintiff's mark cannot be said to be situated in Michigan. Clearly, Plaintiff has initiated its action in an improper venue.

Plaintiff is a corporation with a substantial presence in the Dallas area. Defendant is an individual with no presence in Michigan. The convenience that a change of venue would accord Defendants far outweighs the lesser inconvenience that such change would present to Plaintiff.

Defendants requested concurrence in this motion, but Plaintiff's attorney did not concur.

This motion replaces a motion of the same name submitted to the Court by Defendants on October 23, 2001, and is submitted in response to instructions issued by the Court at a scheduling conference conducted on November 13, 2001.


Timing

Defendants fear that this request may be denied by the Court strictly because of its timing, rather than its merit. Defendants respectfully ask the Court to be understanding of the fact that Defendants are acting pro se, and were not aware at the beginning of this process that a change of venue was even possible.

In Plaintiff's complaint, Plaintiff stated that "this Court has jurisdiction"; Defendants assumed that this was a factual statement, and have thus responded to the complaint and responded to and filed motions in this Court. As soon as Defendants learned that Plaintiff's representation was in error, Defendants created and submitted this request. Defendants hope that the Court will accept this request as a good-faith effort to satisfy all filing requirements, and, in the interest of justice, will not rule against this request strictly because of its timing.

Respectfully submitted,

Henry Mishkoff
WebFeats
2661 Midway Road, #224-225
Carrollton, TX 75006
972.931.5421

Defendants (pro se)

Dated: November 15, 2001


Next: Brief

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