GS Holistic, LLC v. Stars Wireless and Smoke LLC et al

THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
GS HOLISTIC, LLC,
Plaintiff,
V.
STARS WIRELESS & SMOKE,
LLC, et al.,
Defendants.
Case No. 1:23-cv-641
Judge Walter H. Rice
Mag. Judge Michael R. Merz
ORDER OVERRULING WITHOUT PREJUDICE DEFENDANT MAHMOUD ALILl'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
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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 IS SO ORDERED.
November 13, 2025 	WALTER H. RICE, JUDGE
UNITED STATES DISTRICT COURT
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