Question

A three-car accident occurred in a city in the Northern District of State A. The cars were driven by a citizen of State B who resides in the Southern District of State B, a citizen of State A who resides in the Southern District of State A, and a citizen of State C who resides in the Northern District of State C. The State B citizen filed a negligence action against the other two drivers in the United States District Court for the Southern District of State A. Although the two defendants believed that venue was improper, neither filed a pre-answer motion objecting to venue. They instead proceeded to file their answers, responding to the merits of the claim. The State C defendant, however, included in her answer a motion to dismiss the action for improper venue. How should the court rule on the State C defendant's motion to dismiss for imprope

Answer 1

The motion should be granted, given that a defendant can raise objections to venue in their answer, where the Rule 12(b) pre-answer motion is not asserted by the defendant and that the venue is improper, given that the Southern District of State A is not the location of any of the events for which the claim is being made, and that one of the defendant is not a resident of State A

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