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GHV urges that Acious' Amended Complaint states no more than that GHV failed to register as a dealer-broker, and that such a claim is not viable as against GHV on the particular facts underlying this case.
Thus the issue is not fully joined and will not be considered. To the extent that Acious seeks to strike this portion of the brief, the motion will be granted. The remainder of the brief contains proper argument in reply.
Therefore, the motion to strike will be denied in all other respects.
10-ACIOUS, INC. v. GREEN HILLS VENTURES, LLC
In any event, on a challenge to personal jurisdiction, the court must construe the facts in a light most favorable to the non-movant. Therefore we find that under the nationwide service of process provided by the SEA, this court has personal jurisdiction over GHV. There is no question that the defendants meet the minimum contact requirements with the United States.
The jurisdictional provision, by its own terms, applies only to controversy arising out of the interpretation, construction, performance, or breach of the Term Sheet. Further, the term does not provide for exclusive jurisdiction in the courts of New York.
GHV contends that even if the court has jurisdiction over the them, that venue in this district is improper. The parties agree that SEA claims may be brought in any district "wherein any act or transaction constituting the violation occurred," and that, for venue purposes, the "act" must be a material part of the alleged violation. As explained in Borg v.
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May 25,Under Section 27 a suit brought alleging securities act violations "may be brought either 1 in the district wherein the defendant is found or is an inhabitant or transacts business, or 2 in the district wherein any act or transaction constituting the violation occurred. Venue, which relates to the place where judicial authority may be exercised, is intended for the convenience of the litigants.
Rossville Crushed Stone Co. The act or transaction in the proper district "need not have constituted the core of the alleged violation, nor even have been illegal, as long as it was more than an immaterial part of the alleged violation.
Sending mailings or making telephone communications which play a significant role in executing the allegedly fraudulent scheme is sufficient to render venue proper in such district. See also Mariash v. Mountain States Securities Corp.