DietGoal Innovations LLC v. Taco John's International, Inc., No. 2:12-cv-00775 (E.D. Tex. Feb. 25, 2014)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Before the Court is Defendant Taco John’ s (“Taco”) Motion to Dismiss for Improper Venue pursuant to Federal Rule of Civil Proce dure No. 12(b)(3) and 28 U.S.C. §1406(a) (Dkt. No. 184, filed November 7, 2013). Taco contends that the case should be dismissed, or if transfer is more appropriate, the case should be transferred to the District of Wyoming. ( Id.; see also Dkt. No. 223.) Plaintiff conte nds that venue is proper, but al so offers the tr ansfer of its claims to the Northern or Wester n Districts of Texas as an altern ative to dismissal. (Dkt.