Get Thee Back To Kansas . . . #17
I guess that since I run a 'tabloid,' my title should read, "American Plastic is run out of Missouri on a rail - film at eleven!"
On June 11, 2007, the judge in the district court of Missouri kicked the new case filed by American back to Kansas saying it should have been filed there in the first place. The judge's opinion is terse and direct and says simply, fight all you want in federal court, but do it someplace other than in my court.
Those little rings all over the case are where the Missouri judge was touching it with a ten-foot pole while deciding what to do with it.
The judge lifted several paragraphs out of my brief and used them in his opinion, specifically that neither company maintains a business in Missouri, both lawyers live and work in Kansas, there is an open court case in Kansas and that American has already tried and failed once in Kansas federal court. In other words . . . . "Get thee back to Kansas." I guess, in law, like in life, there is 'no place like home.' The Missouri judge was not impressed with the single sale that American had 'manufactured' off of our website the night before he filed the lawsuit. When you think about it, just how lame was that stunt anyway . . . As if I wouldn't figure it out.
This is definitely a victory for the Ranch. In a change of venue motion, the defendant bears a heavy burden to move a case to another court. We met that burden squarely and won the decision. It brings the case back in front of the judge that is familiar with the parties and will be able to see how fast and loose American played the facts in its attempt to put one over on the court in Missouri. The attempt to stretch my resources and force me to litigate in two states was a failure. The element of 'surprise' is gone and the attempt to take the initiative away from me is blunted. I changed the entire course of the case, again, back to something of my liking.
The poor little state court case that just 'gets no respect' will have an update in a couple of weeks. When I know something definite, I will post it here.
Thanks to everyone for their continued interest and support.