Venue/Personal Jurisdiction

[David A. Szwak]

LEGAL STANDARDS
Section 1391(b) of Title 28 provides, in relevant part, that venue properly rests in: (1) a judicial district where any defendant resides, if all defendants reside in the same state; or (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred. See 28 U.S.C. §§ 1391(b)(1), (2); see also Barela v. Experian Info. Solutions, Inc., No. 04 C 5144, 2005 WL 770629, at *1 (N.D.Ill. Apr.4, 2005) (citing 28 U.S.C. § 1391(b)). For the purposes of venue analysis, a corporation is deemed to reside in any judicial district in which it is subject to personal jurisdiction at the time the action is commenced. See 28 U.S.C. § 1391(c). When deciding a motion to transfer venue, the court must accept as true all of plaintiff's well-pleaded facts in the complaint, unless they are contradicted by affidavits or other appropriate evidence from the defendant. See, e.g., The Heil Co. v. Curotto Can Co., No. 02 C 782, 2004 WL 725737, at *1 (N.D.Ill. Mar.30, 2004) (citing Plotkin v. IP Axess, Inc., 168 F.Supp.2d 899, 900 (N.D.Ill.2001)). Although a motion to dismiss for improper venue under Rule 12(b)(3) must be filed before the answer, a motion to transfer venue may be filed at any time. See, e.g., Carter v. Clark Material Handling Co., No. 97 C 4424, 1998 WL 89244, at *2 (N.D.Ill. Feb.17, 1998) (citation omitted).

Andrade v. Chase Home Finance, LLC
Slip Copy, 2005 WL 3436400
N.D.Ill.,2005.
Dec 12, 2005