United States District Court, N.D. Illinois
FREDDIE ADAMS, Jr., et al. Plaintiffs,
v.
BRG SPORTS, INC, et al. Defendants.
CIRCELLI WALTER & YOUNG, PLLC BY VINCENT CIRCELLI
ATTORNEY FOR PLAINTIFFS
BOWMAN
AND BROOKE LLP EDEN M. DARRELL ATTORNEY FOR DEFENDANTS
HON.
HOWARD R. LLOYD MAGISTRATE JUDGE
JOINT STIPULATION TO DISMISS WITHOUT PREJUDICE
DEFENDANT ALL AMERICAN SPORTS CORPORATION AND TO TRANSFER THE
ACTION TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF ILLINOIS
HON
EDWARD DAVILA DISTRICT JUDGE
TO THE
HONORABLE COURT:
The
plaintiffs and the defendants, by and through their
respective attorneys of record, hereby stipulate: (1) to the
voluntary dismissal of defendant All American Sports
Corporation without prejudice on in personam
jurisdiction grounds in accordance with Civil L.R. 7-12; and
(2) to the transfer of this action to the United States
District Court for the Northern District of Illinois as to
remaining defendants (a) BRG Sports, Inc., pursuant to 28
U.S.C. § 1406, and (b) Riddell Inc., pursuant to 28
U.S.C. § 1631. In support of this stipulation, the
parties state as follows:
This
action was filed on February 10, 2017. On May 5, 2017, the
defendants moved to dismiss for lack of personal jurisdiction
as to defendants Riddell, Inc. and All American Sports
Corporation (ECF No. 25), to sever the plaintiffs' claims
(ECF No. 27), and to dismiss the complaint for failure to
state a claim (ECF No. 26). The plaintiffs opposed those
motions, and on July 6, 2017, the plaintiffs moved for leave
to amend their complaint (ECF No. 44). This Court granted the
motion for leave to amend and denied the defendants'
motions to dismiss and to sever without prejudice (ECF No.
44). The plaintiffs have not filed an amended complaint in
this Court.
On
October 23, 2017, the plaintiffs filed a letter drafted to
Judge Freeman in a similar case (Mark Adams v. Riddell,
Inc., Case No. 5:17-cv-00457) informing that Court as
well as this Court (by copy of that correspondence) that the
plaintiffs: (1) intended to move to dismiss defendant All
American Sports Corporation; (2) would amend their complaint
in the Mark Adams matter as well as in this matter
to conform with Judge Freeman's instructions made on the
record at a hearing on October 5, 2017; (3) would seek
transfer of this action (along with the Mark Adams
action) against the remaining defendants to the United States
District Court for the Northern District of Illinois; and (4)
stipulated to severance of the plaintiffs' claims to take
place thirty days after the transfer to the Northern District
of Illinois (ECF No. 51).
Pursuant
to 28 U.S.C. § 1406, the “district court of a
district in which is filed a case laying venue in the wrong
division or district shall dismiss, or if it be in the
interest of justice, transfer such case to any district or
division in which it could have been brought.” Because
BRG's principal place of business is now located within
the Northern District of Illinois, this action could have
been brought there initially, making transfer to the Northern
District of Illinois proper under 28 U.S.C. § 1406.
Moreover, transfer will promote the interests of justice
given that it will serve the convenience of the parties and
witnesses.
Pursuant
to 28 U.S.C. § 1631, if an action is brought in the
wrong court and the court finds “that there is a want
of jurisdiction, ” a federal district court
“shall, if it is in the interest of justice, transfer
such action . . . to any other such court in which the action
. . . could have been brought at the time it was filed or
noticed . . . .” 28 U.S.C. § 1631. Riddell, Inc.
moved to dismiss on the grounds that this Court lacks
personal jurisdiction over it. Although plaintiffs initially
opposed that motion, they have agreed to withdraw their
opposition to that motion and to transfer the action to a
district that has personal jurisdiction over Riddell,
Inc.-which is the Northern District of Illinois, where
Riddell, Inc. has its principal place of business.
NOW,
THEREFORE, in consideration of the foregoing, the parties
stipulate as follows:
• To the voluntary dismissal of defendant All American
Sports Corporation from this action without prejudice on
in personam grounds; and
• To the transfer of this action as against the
remaining defendants to the United States District Court for
the Northern District of Illinois, with transfer as to BRG
Sports, Inc. being under 28 U.S.C. § 1406, and ...