Micromem Technologies, Inc. et al v. Dreifus Associates Limited et al, No. 1:2014cv09145 - Document 32 (S.D.N.Y. 2015)

Court Description: MEMORANDUM OPINION re: 20 MOTION to Dismiss for Lack of Jurisdiction Second Amended Complaint. MOTION to Dismiss for Improper Venue and for Failure to State a Claim the Second Amended Complaint filed by Henry Dreifus, [22 ] MOTION to Dismiss for Improper Venue the Second Amended Complaint 19 filed by Dreifus Associates Limited. For the foregoing reasons, defendants' motions [DI 20, DI 22] are granted to the extent that the Court concludes that venue is improper in the Southern District of New York and the action is transferred to the Middle District of Florida pursuant to 28 U.S.C. § 1406(a). The Court need not consider Dreifus's argument that this Court lacks juri sdiction over his person, as he concedes he is subject to jurisdiction in the transferee district. Defendants' other arguments remain for consideration by the transferee court to whatever extent they are not moot. (As further set forth in this Memorandum Opinion.) (Signed by Judge Lewis A. Kaplan on 12/8/2015) (mro)