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    Motion To Dismiss or Transfer

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    Basseem
    1) The defendants filed a motion to dismiss or transfer the case based on improper venue. 2) They argue that venue is proper in the Western District of Texas, not the Northern District, because the Western District is where the defendants reside in their official capacities and where the alleged events occurred. 3) The plaintiff opposes the motion, believing venue is proper in the Northern District.

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    Motion To Dismiss or Transfer

    Uploaded by

    Basseem
    102 views5 pages
    1) The defendants filed a motion to dismiss or transfer the case based on improper venue. 2) They argue that venue is proper in the Western District of Texas, not the Northern District, because the Western District is where the defendants reside in their official capacities and where the alleged events occurred. 3) The plaintiff opposes the motion, believing venue is proper in the Northern District.

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    NORTHERN DISTRICT OF TEXAS

    Original Title

    Motion to Dismiss or Transfer

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    1) The defendants filed a motion to dismiss or transfer the case based on improper venue. 2) They argue that venue is proper in the Western District of Texas, not the Northern District, because the Western District is where the defendants reside in their official capacities and where the alleged events occurred. 3) The plaintiff opposes the motion, believing venue is proper in the Northern District.

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    © All Rights Reserved
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    102 views5 pages

    Motion To Dismiss or Transfer

    Uploaded by

    Basseem
    1) The defendants filed a motion to dismiss or transfer the case based on improper venue. 2) They argue that venue is proper in the Western District of Texas, not the Northern District, because the Western District is where the defendants reside in their official capacities and where the alleged events occurred. 3) The plaintiff opposes the motion, believing venue is proper in the Northern District.

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    of 5

    Case 4:20-cv-00253-P Document 7 Filed 05/13/20 Page 1 of 5 PageID 44

    UNITED STATES DISTRICT COURT


    FOR THE NORTHERN DISTRICT OF TEXAS
    FORT WORTH DIVISION

    Brian Keith Umphress, §


    §
    Plaintiff, §
    §
    v. § Case No. 4:20-cv-00253-P
    §
    David C. Hall, et al., §
    §
    Defendants. §

    DEFENDANTS’ MOTION TO DISMISS OR TRANSFER,


    BASED ON IMPROPER VENUE

    Defendants David C. Hall, Ronald E. Bunch, David M. Petronella, Darrick L.

    McGill, Sujeeth B. Draksharam, Ruben G. Reyes, Valerie Ertz, Frederick C. Tate,

    Steve Fischer, Janis Holt, M. Patrick Maguire and David Schenck, each of whom

    has been sued only in his or her official capacity as a Member of the State

    Commission on Judicial Conduct (“the Commission”), file this their Rule 12(b)(3)

    motion to dismiss or transfer, based on improper venue and would respectfully show:

    1. Venue in this District is improper. Proper venue is in the Western

    District of Texas, which is both (i) the residence of each of these Texas officials in

    their official capacity and (ii) the district where all the alleged events or omissions

    Defendants’ Motion to Dismiss or Transfer, Based on Improper Venue


    Page 1
    3603368.v1
    Case 4:20-cv-00253-P Document 7 Filed 05/13/20 Page 2 of 5 PageID 45

    giving rise to Judge Umphress’ claims occurred. Proper analysis looks to where

    Defendants’ allegedly wrongful events or omissions occurred – not to where Judge

    Umphress perceives an impact from those allegedly wrongful acts.

    2. As described in the certificate of conference below, this motion is

    opposed.

    3. A brief supporting this motion and a declaration of Jacqueline R.

    Habersham (in the form specified under 28 U.S.C. § 1746(2)) are filed with this

    motion.

    4. A proposed order is attached.

    5. Defendants respectfully pray that this action be dismissed without

    prejudice, or alternatively that it be transferred to the Austin Division of the Western

    District of Texas. Defendants further pray for all other relief, at law or in equity, to

    which they may be justly entitled.

    Defendants’ Motion to Dismiss or Transfer, Based on Improper Venue


    Page 2
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    Case 4:20-cv-00253-P Document 7 Filed 05/13/20 Page 3 of 5 PageID 46

    Respectfully submitted,

    /s/ John J. McKetta III


    John J. McKetta III
    Texas Bar No. 13711500
    Graves Dougherty Hearon & Moody, P.C.
    401 Congress Ave., Suite 2700
    Austin, TX 78701
    (512) 480-5616 (telephone)
    (512) 480-5816 (fax)
    [email protected]

    /s/ Roland K. Johnson


    Roland K. Johnson
    Texas Bar No. 00000084
    Harris Finley & Bogle, P.C.
    777 Main St., Suite 1800
    Fort Worth, TX 76102
    (817) 870-8765 (telephone)
    (817) 333-1199 (fax)
    [email protected]

    /s/ David Schleicher


    David Schleicher
    Texas Bar No. 17753780
    Schleicher Law Firm, PLLC
    1227 N. Valley Mills Dr., Suite 208
    Waco, TX 76712
    (254) 776-3939 (telephone)
    (254) 776-4001 (fax)
    [email protected]

    Defendants’ Motion to Dismiss or Transfer, Based on Improper Venue


    Page 3
    3603368.v1
    Case 4:20-cv-00253-P Document 7 Filed 05/13/20 Page 4 of 5 PageID 47

    CERTIFICATE OF CONFERENCE

    I certify that on May 11, 2020, the undersigned conferred with Plaintiff’s

    counsel Jonathan Mitchell. Mr. Mitchell advised that the motion is opposed.

    Plaintiff wishes the case to be heard in Fort Worth and believes that venue is proper

    in this Court. Defendants believe that proper venue does not lie in this Court and

    wish the case to be heard in Austin, where venue is proper.

    /s/ John J. McKetta III


    John J. McKetta III

    Defendants’ Motion to Dismiss or Transfer, Based on Improper Venue


    Page 4
    3603368.v1
    Case 4:20-cv-00253-P Document 7 Filed 05/13/20 Page 5 of 5 PageID 48

    CERTIFICATE OF SERVICE

    I certify that a copy of the foregoing was served upon the following on this

    13th day of May, 2020, both (i) by filing it with the Court’s electronic filing system

    and (ii) by email:

    Jonathan F. Mitchell
    Mitchell Law PLLC
    111 Congress Ave., Suite 400
    Austin, TX 78701
    [email protected]

    H. Dustin Fillmore III


    Charles W. Fillmore
    The Fillmore Law Firm, L.L.P.
    1200 Summit Ave., Suite 860
    Fort Worth, TX 76102
    [email protected]
    [email protected]

    David Spiller
    Mason Spiller
    Reid Spiller
    Spiller & Spiller
    P.O. Drawer 447
    Jacksboro, TX 76458
    [email protected]
    [email protected]
    [email protected]

    /s/ John J. McKetta III


    John J. McKetta III

    Defendants’ Motion to Dismiss or Transfer, Based on Improper Venue


    Page 5
    3603368.v1

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