Judge: Michael Schneider
Holding: Motion To Dismiss for Lack of Personal Jurisdiction Denied
Judge Schneider day here at EDTexweblog continues with a selection from the plethora of Blue Spike opinions that have been streaming out from the court since the status conference on Wednesday of this week.
The court addressed a number of motions to dismiss for lack of personal jurisdiction in this case. One in particular caught my attention – that by defendant Cognitec Systems Corporation. After reviewing the relevant facts, Judge Schneider denied the motion to dismiss, but noted that in its reply, Cognitec also "summarily argues" that the Court should transfer venue under 28 U.S.C. § 1404. "Cognitec seeks transfer to any one of four venues," he writes, "and Cognitec’s motion is more a request to leave the Eastern District, rather than a motion to transfer to any other district in particular." (Emphasis in original - that was kinda my favorite part). Concluding that this fell far short of the standard under 28 U.S.C. § 1404(a) to transfer for the convenience of the parties and witnesses - that the receiving forum be clearly more convenient - Judge Schneider denied the alternative motion as well, noting that its "vague and brief statement" was not an appropriate request for a convenience transfer.