Durham Productions, Inc. v. Sterling Film Portfolio, Ltd.

OPINION

MILTON POLLACK, District Judge.

The defendant moves for an order dismissing the complaint for insufficient service of process pursuant to Fed.R.Civ.P. ■ 12(b)(4) and for failure to state a claim upon which relief may be granted pursuant to Fed.R.Civ.P. 12(b)(6). Alternatively, defendant moves for an order transferring this action to the United States District Court for the Northern District of Ohio, pursuant to 28 U.S.C. § 1404(a), based primarily on the pendency of an earlier commenced action there by this defendant and another party against this plaintiff and another party which…