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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 |
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| Defendants. | |
BRIEF IN SUPPORT OF
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.
Venue Generally
According to the United States Code:
A civil action wherein jurisdiction is founded only on diversity of citizenship may, except
as otherwise provided by law, be brought only 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 defendant is
subject to personal jurisdiction at the time the action is commenced, if there is no district in
which the action may otherwise be brought. 28 U.S.C. §1391(a).
A civil action wherein jurisdiction is not founded solely on diversity of citizenship may, except
as otherwise provided by law, be brought only 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 defendant may
be found, if there is no district in which the action may otherwise be brought. 28 U.S.C.
§1391(b).
Defendants reside in Dallas The event giving rise to the claim (the creation of Defendants'
website) occurred entirely in Dallas. Plaintiff's mark, the property that is the subject of the
action, can no more be said to reside in Michigan than anywhere else in the U.S.; certainly, there
is no reason to believe that "a substantial part" of Plaintiff's mark resides in Michigan. Clearly,
Plaintiff has initiated this action in the wrong venue. The action should have been brought in
Dallas, and should be transferred there.
Change of Venue
According to the United States Code:
For the convenience of parties and witnesses, in the interest of justice, a district court
may transfer any civil action to any other district or division where it might have been brought.
28 U.S.C. §1404(a).
While Plaintiff might argue that the existing venue is more convenient for Plaintiff, Plaintiff
is a large corporation with extensive resources. "Defendants" may be the legally correct term in
these proceedings, but there is actually only one Defendant in this case, an individual with limited
resources, for whom travel to the existing venue would be prohibitively expensive. The burden of a
change in venue would be light on Plaintiff; however, the burden of the existing venue would be
extremely heavy for Defendants. Therefore, in the interest of justice, a change of venue is a
reasonable request, and one that Defendants respectfully urge the Court to order.
Respectfully submitted,
Henry Mishkoff
WebFeats
2661 Midway Road, #224-225
Carrollton, TX 75006
972.931.5421
Defendants (pro se)
Dated: November 15, 2001
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