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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN
DIVISION
| THE TAUBMAN COMPANY LIMITED |
| PARTNERSHIP, |
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| Plaintiff, | |
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| | Civil Action No. 01-72987 |
| v. |
| | Honorable Lawrence P. Zatkoff |
| WEBFEATS and HENRY MISHKOFF, |
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Magistrate Judge Komives |
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| 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
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