`
`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 CORRECTED DECLARATION REGARDING BROOKS’ MOTION
`TO DISMISS OR TRANSFER FOR IMPROPER VENUE (DKT. NO. 38-1)
`
`
`Defendant Brooks Sports, Inc. (“Brooks”) submits this notice to inform the Court of a
`
`typographical error contained in a document filed with the Court and to correct that
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`typographical error.
`
`On July 7, 2017, Brooks filed a Motion to Dismiss or Transfer for Improper Venue
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`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. In support of its Motion, Brooks submitted the Declaration of
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`Rick Wilhelm, a Vice President of Brooks. Dkt. No. 38-1. By virtue of a clerical error, the
`
`declaration stated that Brooks has an employee residing in “Lusk, Florida,” when it should have
`
`read that the employee resides in “Lutz, Florida.” Id. ¶ 7. Counsel for Brooks had previously
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`notified Plaintiff of the correct residence of this employee. See Dkt. No. 40 at 5 n.2.
`
`For the convenience of the Court and the avoidance of confusion, Brooks attaches to this
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`notice a corrected declaration by Mr. Wilhelm to replace the previously submitted version.
`
`
`
`1
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`
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`Case 2:17-cv-00062-UA-MRM Document 48 Filed 08/11/17 Page 2 of 3 PageID 715
`
`Dated: August 11, 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 48 Filed 08/11/17 Page 3 of 3 PageID 716
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that on August 11, 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
`
`
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`3
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