Gaines, Emhof, Metzler & Kriner v. Nisberg

CURTIN, District Judge.

This is a copyright infringement case in which plaintiff Gaines, Emhof, Metzler & Kriner asserts that defendant Jay Nisberg misappropriated a publication that it describes as its “marketing guide.” Defendant has moved to dismiss on grounds of improper venue and insufficiency of service of process, pursuant to Federal Rules of Civil Procedure 12(b)(3) and 12(b)(5). Item 4. In the alternative, he has moved that if the court declines to dismiss the complaint, venue be transferred to the Southern District of New York, pursuant to 28 U.S.C. § 1404(a) or § 1406(a). Plaintiff…