GS Holistic, LLC v. Stars Wireless & Smoke, LLC, et al.
GS Holistic, LLC v. Stars Wireless & Smoke, LLC, et al.
Trial Court Opinion
THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT CINCINNATI GS HOLISTIC, LLC, : Plaintiff, Case No. 1:23-cv-641 Vv. . : Judge Walter H. Rice STARS WIRELESS & SMOKE, Mag. Judge Michael R. Merz LLC, et al, .
Defendants.
ORDER OVERRULING WITHOUT PREJUDICE DEFENDANT MAHMOUD ALILI’S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO TRANSFER VENUE TO THE WESTERN DIVISION AT CINCINNATI (DOC. #30), AS THE CASE IS CURRENTLY AND HAS ALWAYS BEEN SITED IN THE CINCINNATI SEAT OF COURT; DEFENDANT MAY RENEW THE MOTION IF THE COURT ORDERS THAT THE CASE BE TRIED IN THE DAYTON SEAT OF COURT
On October 30, 2025, Defendant Mahmoud Alili “move[d] this court to either dismiss the above-captioned matter or in the alternative transfer the matter to the United States District Court Western Division of Cincinnati pursuant to
28 U.S.C. § 1406(a).” (Motion to Dismiss or Transfer, Doc. #30, PAGEID 104). The captioned case, which has not been consolidated with any others, is currently and has always been sited in the Cincinnati seat of court. Thus, there is no basis at this time on which the Court can grant relief. However, as discussed elsewhere, this case is one of more than thirty active cases in this District alone regarding the alleged infringement of United States
Patent and Trademark Office Nos. 6,174,291, 6,174,292, and 6,633,884 (“Stundenglass Marks”). The Court may, as part of its inherent authority to manage its docket, Dietz v. Bouldin,
579 U.S. 40, 45(2016), quoting Link v. Wabash R. Co.,
370 U.S. 626, 630-31(1962), order the Stundenglass Marks cases to be consolidated or tried in the Dayton seat of court. At that time, Alili’s arguments as to why the captioned case should be tried in the Cincinnati seat of Court (Doc. #30, PAGEID 104) would be ripe for the undersigned’s consideration. Accordingly, Alili’s Motion to Dismiss or Transfer (Doc. #30) is OVERRULED WITHOUT PREJUDICE to refiling if the Court orders consolidation or sets a trial location outside the Cincinnati seat of court.
IT 1S SO ORDERED. Fy a Xan November 13, 2025 WALTER H. RICE, JUDGE UNITED STATES DISTRICT COURT
Reference
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