`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF FLORIDA
`FORT MYERS DIVISION
`
`
`HERBERT E. TOWNSEND, an individual,
`
`Plaintiff,
`
`v.
`
`BROOKS SPORTS, INC., a Washington
`corporation,
`
`Defendant.
`
`
`
`Case No. 2:17-cv-00062-UA-MRM
`
`
`
`
`
`DEFENDANT BROOKS SPORTS, INC.’S
`NOTICE OF SUPPLEMENTAL AUTHORITY
`
`Pending before the Court is Defendant Brooks Sports, Inc.’s (“Brooks”) Motion to
`
`Dismiss or Transfer for Improper Venue Pursuant to 28 U.S.C. §§ 1400(b) and 1406(a) or, in the
`
`Alternative, to Transfer Pursuant to 28 U.S.C. § 1404(a) (Dkt. No. 38). Brooks submits this
`
`Notice of Supplemental Authority to bring to the Court’s attention relevant authority.
`
`Plaintiff Herbert Townsend’s (“Townsend”) opposition brief (Dkt. No. 40) asks the Court
`
`to adopt and follow a venue analysis from the Eastern District of Texas first outlined in Raytheon
`
`Co. v. Cray Inc., No. 2:15-cv-1554-JRG, 2017 WL 2813896 (E.D. Tex. June 29, 2017). The
`
`Federal Circuit is currently considering a petition for writ of mandamus regarding the decision
`
`Townsend asks this Court to follow. See In re Cray Inc., No. 17-129 (Fed. Cir.). Briefing on the
`
`petition for writ of mandamus closed on August 8, 2017.
`
`For the Court’s convenience, Brooks attaches copies of the mandamus petition and
`
`responsive briefing as Exhibits A–C.
`
`1
`
`
`
`Case 2:17-cv-00062-UA-MRM Document 46 Filed 08/10/17 Page 2 of 3 PageID 607
`
`Dated: August 10, 2017
`
`
`
`
`Respectfully Submitted,
`
`FENWICK & WEST LLP
`
`By: /s/Darren Donnelly
`Darren Donnelly (admitted pro hac vice)
`801 California Street
`Mountain View, CA 94041
`Tel: (650) 988-8500
`Fax: (650) 938-5200
`Email: ddonnelly@fenwick.com
`
`Attorneys for Defendant Brooks Sports, Inc.
`
`2
`
`Amy E. Hayden (admitted pro hac vice)
`555 California Street, 12th Floor
`San Francisco, CA 94104
`Tel: (415) 875-2300
`Fax: (415) 281-1350
`Email: ahayden@fenwick.com
`
`Jonathan T. McMichael (admitted pro hac vice)
`1191 Second Avenue, 10th Floor
`Seattle, WA 98101
`Tel: (206) 389-4510
`Fax: (206) 389-4511
`Email: jmcmichael@fenwick.com
`
`Bryan D. Hull
`Florida Bar No. 20969
`BUSH ROSS, P.A.
`1801 N. Highland Avenue
`Tampa, FL 33601
`Tel: (813) 224-9255
`Fax: (813) 223-9620
`Email: bhull@bushross.com
`
`
`
`
`
`
`
`Case 2:17-cv-00062-UA-MRM Document 46 Filed 08/10/17 Page 3 of 3 PageID 608
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that on August 10, 2017, all counsel of record who consented to
`electronic service are being served with a copy of this document via the Court’s CM/ECF
`system. I further certify that I mailed the foregoing document and the notice of electronic filing
`by first-class mail to any non-CM/ECF participants.
`
`
`/s/Darren Donnelly
`Darren Donnelly
`
`
`
`
`
`3
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