Opinion
No. 01 C 8125
October 25, 2001
MEMORANDUM OPINION AND ORDER
Triple "R" Service L.P. ("Triple `R'") has filed a putative Class Action Complaint against Benjamin Swirsky and Beswir Properties, Inc., advancing claims under the federal securities laws, a Florida statute and the common law. Although this Court is contemporaneously issuing its typical order setting an initial status hearing date, there are two matters disclosed by the Complaint that call for separate mention.
To begin with, even though venue may properly be lodged here because of the asserted alienage of both defendants (Complaint ¶ 2), nothing is said in the Complaint about Triple "R" that would support this judicial district as an appropriate home (to say nothing of the most appropriate home) for this lawsuit. Before what would seem to be a likely 28 U.S.C. § 1404(a) motion for transfer is tendered by defendants, it would be well for Triple "R"'s counsel to file a brief memorandum addressing that subject.
That of course is a suggestion and not a requirement. But as a substantive matter, Triple "R"'s counsel is reminded of its obligation to comply with the publication requirement of 15 U.S.C. § 78u-4(a)(3)(A) — a matter on which this Court expects to receive a certificate of compliance substantially in advance of the initial status hearing date.