General Battery Corp. v. TSS-Seedman's, Inc.

MEMORANDUM AND ORDER

TROUTMAN, Senior District Judge.

Presently before the Court is defendant’s motion to dismiss pursuant to FRCP 12(b)(2) and (5), or in the alternative for change of venue pursuant to Title 28 U.S.C. § 1404. Defendant alleges that the action should be dismissed in light of the fact that plaintiff made insufficient service of process, which, in turn, deprived the Court of personal jurisdiction over defendant (hereafter referred to as “TSS”). FRCP 4(d) provides that “the summons and complaint shall be served together”. TSS alleges that plaintiffs failed to include the summons…