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`Case: 1:05-cv-04811 Document #: 9 Filed: 09/14/05 Page 1 of 2 PageID #:52
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`IN THE UNITED STATES IM~.\l,'l':l:>WI.F" K c F I L E: ~
`
`FOR THE NORTHERN DISTRICT OF iLLINOIS
`S£p 1 -J ZD
`EASTERN DJVI~!f,O~ !·'' l'' d?S SO
`MICHAEL
`05
`' · .. d CtE:RK, U.s, Ll%TDRJD!B!Ns
`S•
`...
`~r f:DIJRT
`
`TRADING TECHNOLOGIES, INC.,
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`Plaintiff
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`CASE NO. 05 C 4811
`
`v.
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`JUDGE MORAN
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`CQG, INC. and CQGT, LLC,
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`MAGISTRATE JUDGE COLE
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`Defendants.
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`DEFENDANTS' MOTION TO DISMISS,
`OR IN THE ALTERNATIVE. TO TRANSFER VENUE
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`Defendants CQG, Inc. and CQGT, LLC ("collectively Defendants") hereby respond to
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`Plaintiff Trading Technologies International, Inc.'s ("TT's") Complaint for Patent Infringement and
`
`move to dismiss, pursuant to Rule 12(b)(3) of the Federal Rules of Civil Procedure, the claims
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`asserted against them by Plaintiff Trading Technologies, Intemational, Inc. ("TT"). As set lortb
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`more fully in the accompanying Memorandum in Support of this Motion and the Declarations of
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`Josef' Schroeter and Mark W. Fischer, Defendants request that the Court dismiss TT's Complaint in
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`accordance with Rule 12(b)(3) of the Federal Rules of Civil Procedure for improper venue, in light
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`of Defendants' 11rst-filed Declaratory Judgment Action currently pending in the District of
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`Colorado, which involves the same parties and addresses the same issues in this action.
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`In the event the Court denies Defendants' Motion to Dismiss TT's Complaint, Defendants
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`altematively request that the Court transfer venue pursuant to 28 U.S.C. § 1404(a) to the District of
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`Colorado f'or consolidation with Defendants' first-filed Declaratory Judgment Action currently
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`pending in that district. The Court should grant Defendants' request because the District of
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`Colorado represents the more convenient fbrum for the parties and witnesses for resolution of this
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`dispute, and transfer to the District of Colorado is in the interests of justice.
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`582029.1.15753.30012
`
`Page 1 of 2
`
`TRADING TECH EXHIBIT 2006
`CQG & CQGT v. Trading Technologies
`CBM2015-00057
`
`
`
`Case: 1:05-cv-04811 Document #: 9 Filed: 09/14/05 Page 2 of 2 PageID #:53
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`WHEREFORE, Defendants respectfully request that the Court dismiss TT's Complaint for
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`improper venue, or in the alternative, enter an order transferring venue lo the United States District
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`Court for the District of Colorado.
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`Dated: September 14, 2005
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`Respectfully Submitted,
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`-...:.: ..
`
`By:
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`Attorneys for CQG, 11c. and QGT, LLC
`30 South Wacker Drive, 26Tl' Floor
`Chicago, Tllinois 60606-7413
`Telephone: (312) 444-9300
`Telecopier: (312) 444-9027
`
`5~2029.1.15753 .30012
`
`- 2 -
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`Page 2 of 2
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