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Recent Mandamus Petition Addresses Proper Venue, Not Convenience

July 31, 2023

Briefing is complete regarding RingCentral’s petition to the Federal Circuit for a writ of mandamus directing District Judge Alan D. Albright to dismiss a case filed by Marble VOIP Partners LLC in the Western District of Texas for improper venue. Marble VOIP mooted a first motion to dismiss for improper venue (only in the alternative to transfer the case for convenience) by filing an amended complaint that identifies a regular and established RingCentral place of business in West Texas based on a lease that RingCentral signed after the date of the original complaint. RingCentral refiled its motion to dismiss, which Judge Albright denied, ruling that facts alleged in an amended complaint—even facts that did not exist at the time of the original complaint—“should apply to determine whether venue is proper” in a particular district.


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