Marky's Martial Arts, Inc. v. FC Online Marketing, Inc.
- Andrew Carter
- 1:19-cv-03363
- U.S. District Court · Southern District of New York
- 1
In Marky’s Martial Arts v. FC Online Marketing, Judge Carter ruled that FC Online waived improper venue by default.
FC Online Marketing, Inc. was affected because the court found that it waived its improper-venue defense by default. Marky’s Martial Arts, Inc. was affected because the court addressed its venue-related letter.
What happened
Marky’s Martial Arts, Inc. sent the court a letter about venue. The case is Marky’s Martial Arts, Inc. v. FC Online Marketing, Inc.
The court considered the letter and arguments from an October 22, 2019 hearing. It concluded that FC Online Marketing, Inc. had waived its objection that the case was filed in the wrong federal district because it defaulted.
Judge Andrew L. Carter, Jr. ordered that finding on December 4, 2019. The opinion does not state any separate ruling on the case’s underlying claims.
The detailed version
- Marky's Martial Arts, Inc. v. FC Online Marketing, Inc. · No. 1:19-cv-03363
- Andrew Carter
- Dec. 4, 2019
Background
The court received Marky’s Martial Arts, Inc.’s October 29, 2019 letter concerning venue. The court also considered arguments presented at an October 22, 2019 order-to-show-cause hearing.
Issue
The issue was whether FC Online Marketing, Inc. had waived its defense of improper venue—an objection that the case was filed in the wrong federal district—by defaulting.
Analysis
The court held that a defendant waives improper venue by failing to timely assert that defense or by simply defaulting. The court relied on the Supreme Court’s decision in Hoffman v. Blaski and cited decisions from the Eastern District of New York applying the same principle.
Ruling
The court found that FC Online Marketing, Inc. had waived the defense of improper venue by virtue of its default. The opinion does not state a separate disposition of the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.