At page 985 Determining proper venue under the Lanham Act88 citing cases“by referring to 'events or omissions giving rise to the claim,' congress meant to require courts to focus on relevant activities of the defendant, not of the plaintiff.”
- Wempe v. Sunrise Med. HHG, Inc., 61 F. Supp. 2d 1165 (D. Kan. 1999).published “the lanham act has no special venue provision and thus the general venue statute 28 u.s.c. 1391 (b) is applicable.”
- Gwynn v. TransCor Am., Inc., 26 F. Supp. 2d 1256 (D. Colo. 1998).published (holding venue improper for a claim arising under the Lan-ham Act when the only events alleged to have occurred in the district related to plaintiffs damages)
- Moore, No. 4:26-cv-00107 (E.D. Mo. July 8, 2026).([I]f Congress had wanted to lay venue where the plaintiff was residing when he was injured, it could have said so expressly.)
- Bevard, No. 2:25-cv-00954 (D. Utah Mar. 11, 2026).(if Congress had wanted to lay venue where the plaintiff was residing when he was injured, it could have said so expressly)
- Heaton Contract Mfg. LLC v. Noble.Com Inc, No. 2:20-cv-01875 (E.D. Wis. May 28, 2021). (We therefore reject [plaintiff’s] argument that venue lies in the Northern District of Iowa simply because that was where he was residing when the passing off occurred.)
- Innovate1 v. First Bridge Merch. Solutions, LLC, No. 3:19-cv-01123 (D. Conn. Aug. 13, 2020).(by referring to ‘events [or] omissions giving rise to the claim,’ Congress meant to require courts to focus on relevant activities of the defendant, not of the plaintiff)
- PopSockets LLC v. Online King LLC, No. 1:19-cv-01277 (D. Colo. Dec. 23, 2019).(The place where the alleged passing off occurred ... provides an obvious correct venue)
- Allstar Mktg. Grp., LLC v. Your Store Online, LLC, 666 F. Supp. 2d 1109 (C.D. Cal. 2009).published(The place where the alleged passing off occurred ... provides an obvious correct venue)
- Wise v. Lindamood, 89 F. Supp. 2d 1187 (D. Colo. 1999).published(The place where the alleged [infringement] occurred ... provides an obviously correct venue.)
- Germann, No. 4:26-cv-00021 (D. Mont. July 29, 2026).Mont. Jan. 25, 2017) (citing Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995)).
Show 77 more citing cases
- Kelly-Leppert, No. 4:21-cv-00369 (E.D. Mo. Apr. 22, 2026).“by referring to ‘events or omissions giving rise to the claim,’ Congress meant to require courts to focus on relevant activities of the defendant, not of the plaintiff”
- Kelly-Leppert, No. 4:26-cv-00392 (W.D. Mo. Apr. 22, 2026).“by referring to ‘events or omissions giving rise to the claim,’ Congress meant to require courts to focus on relevant activities of the defendant, not of the plaintiff”
- Dutra Grp. v. Nat'l Labor Relations Bd., No. 1:25-cv-00090 (E.D. Tex. Aug. 27, 2025).Tex. 2000) (citing Woodke v. Dahm, 70 F.3d 983, 985-86 (8th Cir. 1995)); accord Munro v. U.S. Copyright Off., No. 621CV00666ADAJCM, 2022 WL 3566456 , at *2 (W.D.
- Berkley Ins. Co. v. Demerath, No. 8:24-cv-00427 (D. Neb. Jan. 30, 2025).The standard for venue is codified at 28 U.S.C. § 1391 (b)(2), which provides “a civil action may be brought in . . . a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred.” § 1391(b)(…
- Burgauer v. Premier Trust, Inc., No. 5:23-cv-00708 (M.D. Fla. June 13, 2024).In Woodke, the Eighth Circuit denied the argument that venue in a breach of contract action was appropriate in the jurisdiction where the product at issue was manufactured and where the “agreement between the plaintiff and defendant was ex…
- Grand Prairie Foods, Inc. v. Echo Lake Foods, Inc., No. 4:23-cv-04027 (D.S.D. Jan. 4, 2024).“central purpose[] of statutory venue is to ensure that a defendant is not haled into a remote district having no real relationship to the dispute”
- Honest Abe Roofing Franchise, Inc. v. Lesjon Holdings, LLC, 705 F. Supp. 3d 872 (S.D. Ind. 2023).published(focusing on the conduct of the defendant)
- Soltura, LLC v. Cerveceria La Tropical USA, LLC, No. 3:23-cv-01104 (S.D. Cal. Oct. 20, 2023).The 21 Jamba Juice court approved of the case Woodke v. Dahm, 70 F3d 983, 985 (8th Cir. 22 1995), which found that the central purpose of the venue statute is to protect defendants 23 from being haled into districts having no real relation…
- Hofbruhaus of Am.. LLC v. Oak Tree Mgmt. Servs., Inc., No. 2:22-cv-00421 (D. Nev. Jan. 3, 2023).Woodke 10 v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995). 11 Taking Hofbräuhaus’s allegations as true, because the Brewpub is in 12 Illinois, any consumer confusion caused by Oak Tree’s infringing conduct 13 occurred and is occurring in Illinoi…
- Resource Room SI, Inc. v. Borrero, No. 5:22-cv-00184 (E.D.N.C. Dec. 2, 2022).Va. Mar. 29, 2019) (quoting Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995)).
- Turner v. ILG Tech. LLC, No. 2:21-cv-04192 (W.D. Mo. Sept. 28, 2022).Mo. June 1, 2021). that a substantial part of the events giving rise to the claim occurred there.” Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995).
- Lehrer v. J&M Monitoring, Inc., No. 7:22-cv-00061 (E.D. Ky. July 1, 2022). Cir. 1996) (“Venue requirements exist for the benefit of defendants”); Woodke, 70 F.3d at 985 (8th Cir. 1995) (noting that “by referring to ‘events or omissions giving rise to the claim,’ Congress meant to require courts to focus on releva…
- Lehrer v. J&M Monitoring, Inc., No. 7:20-cv-06956, 2022 WL 2392441 (S.D.N.Y. July 1, 2022). Cir. 1996) (“Venue requirements exist for the benefit of defendants”); Woodke, 70 F.3d at 985 (8th Cir. 1995) (noting that “by referring to ‘events or omissions giving rise to the claim,’ Congress meant to require courts to focus on releva…
- Kesters Merchandising Display Int'l, Inc. v. SurfaceQuest, Inc., No. 2:21-cv-02300, 2022 WL 1489658 (D. Kan. May 11, 2022).And while other events giving rise to KMDI’s claims occurred outside of Kansas, including the alleged passing off to which SQ refers, venue “is not limited to the district with the 62 70 F.3d 983 (8th Cir. 1995). 63 Id. at 985. most substa…
- AARK Restaurant Grp. LLC v. United States Small Bus. Admin., No. 2:22-cv-01433 (E.D. Pa. Apr. 28, 2022).“focus on relevant activities of the defendant, not of the plaintiff”
- Steffen v. Vader Mountain Capital, No. 3:22-cv-03001 (D.S.D. Mar. 14, 2022).“One of the central purposes of statutory venue is to ensure that a defendant is not haled into a remote district having no real relationship to the dispute”
- Hope v. Lunarlandowner.com, Inc., No. 2:20-cv-01783 (E.D. Cal. Feb. 28, 2022).Cal. 2009); Woodke v. Dahm, 21 70 F.3d 983, 985 (8th Cir. 1995)).
- Meyer v. Meyer, No. 4:21-cv-04076 (D.S.D. Nov. 16, 2021).Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995) (quoting 28 U.S.C. § 1391 (b)(2)).
- Paragon Freight Sys., LLC v. River City Ins. Agency, Inc., No. 0:20-cv-02023 (D. Minn. Aug. 17, 2021).“haled into a remote district having no real relationship to the dispute”
- IOU Cent., Inc. v. Shore Appliance Connection Inc., No. 1:20-cv-02367 (N.D. Ga. Mar. 18, 2021).“[T]he statute protects defendants, and Congress therefore ‘meant to require courts to focus on relevant activities of the defendant, not of the plaintiff”
- W. Org. of Resource Councils v. United States Bureau of Land Mgmt., No. 4:20-cv-00076 (D. Mont. Feb. 24, 2021). WORC I, No. CV 16-21-GF- BMM, 2017 WL 374705 , at *4 (citing Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995)).
- Golson v. Gen. Motors LLC, No. 4:20-cv-00632 (W.D. Mo. Oct. 28, 2020).(In a Lanham Trademark Act case, the location of the offending advertising and sales controlled for venue purposes, not the location where the harm was felt.)
- Golson v. Gen. Motors LLC, No. 2:20-cv-14382 (S.D. Fla. Oct. 28, 2020).(In a Lanham Trademark Act case, the location of the offending advertising and sales controlled for venue purposes, not the location where the harm was felt.)
- BBK Tobacco & Foods LLP v. Cent. Coast Agric. Inc., No. 2:19-cv-05216, 2020 WL 3893563 (D. Ariz. July 10, 2020).As a 15 result, “the place where the alleged passing off occurred… provides an obvious correct 16 venue.” Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995). 17 In the instant matter, BBK alleges, and CCA does not dispute, that CCA made sale…
- Larion v. Aircraft Serv. Int'l, Inc., No. 1:19-cv-02597 (N.D. Ohio Mar. 16, 2020).“One of the central purposes of statutory venue is to ensure that a defendant is not ‘haled into a remote district, having no real relationship to the dispute”
- Vape Guys, Inc. v. Vape Guys Distrib., Inc., No. 3:19-cv-00298, 2020 WL 1016443 (E.D. Va. Mar. 2, 2020).Va. Mar. 29, 2019) (citing Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995)).
- DFW Aviation, LLC v. Mansfield Heliflight, Inc., No. 1:19-cv-00481 (W.D. Tex. Oct. 9, 2019).Stone Co., 185 F.3d 874 , 1999 WL 397409 , at *1 (10th Cir. 1999); Woodke v. Dahm, 70 F.3d 983, 985-86 (8th Cir. 1995); Bigham v. Envirocare of Utah, 123 F. Supp. 2d 1046, 1048 (S.D.
- dotStrategy, Co. v. Twitter Inc, No. 3:19-cv-06176 (N.D. Cal. Sept. 27, 2019).“[t]he statute does not posit a single appropriate district for venue; venue may be proper in any of a number of districts, provided only that a substantial part of the events giving rise to the claim occurred there”
- Doshier v. Twitter Inc, No. 4:18-cv-00700 (E.D. Ark. Sept. 27, 2019).“[t]he statute does not posit a single appropriate district for venue; venue may be proper in any of a number of districts, provided only that a substantial part of the events giving rise to the claim occurred there”
- DFW Aviation, LLC v. Mansfield Heliflight, Inc., No. 1:19-cv-00481 (W.D. Tex. Sept. 24, 2019).Sparks) (citing Goff v. Hackett Stone Co., 185 F.3d 874 , 1999 WL 397409 , at *1 (10th Cir. 1999); Woodke v. Dahm, 70 F.3d 983, 985-86 (8th Cir. 1995); Bigham v. Envirocare of Utah, 123 F. Supp. 2d 1046, 1048 (S.D.
- Sec. Nat'l Bank of Sioux City, IA, The v. Kant, No. 5:18-cv-04100 (N.D. Iowa July 17, 2019).In this case, the parties do not dispute SNB’s legitimate residency in Iowa or that the proceeds from the cattle sales are held in Iowa, but rather whether those proceeds are property at issue in this action “[V]enue may be proper in any n…
- Titsworth v. Anderson, No. 2:18-cv-02111 (W.D. Ark. July 3, 2018).Id. at *42 (citing Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995)) (internal quotations omitted).
- Everest Indem. Ins. Co. v. Ro, 200 F. Supp. 3d 825 (D. Minn. 2016).published“focus on relevant activities of the defendant, not of the plaintiff”
- Fed. Energy Regulatory Comm'n v. Barclays Bank PLC, 105 F. Supp. 3d 1121 (E.D. Cal. 2015).published(involving patent infringement)
- Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 86 F. Supp. 3d 1211 (D.N.M. 2015).publishedHe pointed out that, similarly, courts have held that “the locus of damage to a plaintiff has not been found to be the basis for setting venue.” 2006 WL 1488894 , at *3 (citing Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir.1995)).
- Richard \Bud\" Steen v. Robert Murray", 770 F.3d 698 (8th Cir. 2014).published “venue may be proper in any of a number of districts, provided only that a substantial part of the events giving rise to the claim occurred there”
- Reilly v. Meffe, 6 F. Supp. 3d 760 (S.D. Ohio 2014).publishedHere, the Defendants maintain that the Court “must focus on the activities of the defendant, not the plaintiff.” Def.’s Mot. to Dismiss at 19, doc. 8 (citing Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir.1995) and Cottman Transmission Systems,…
- Jenkins ex rel. Miller-Jenkins v. Miller, 983 F. Supp. 2d 423 (D. Vt. 2013).publishedThe venue inquiry “focus[es] on relevant activities of the defendant, not of the plaintiff.” Daniel v. Am. Bd. of Emergency Med., 428 F.3d 408, 432 (2d Cir. 2005) (citing Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir.1995)).
- Steen v. Murray, 955 F. Supp. 2d 1030 (D. Neb. 2013).published(Filing No. 34 at 5 (citing Woodke v. Dahm, 70 F.3d 983, 985-86 (8th Cir.1995).)) The court determined that each of Defendants’ alleged wrongful acts or omissions took place in Nebraska, and Plaintiffs failed to meet their burden of establ…
- Sarah’s Hat Boxes v Patch Me Up, 2013 DNH 058 (D.N.H. 2013).publishedDahm, 70 F.3d 983, 985 (8th Cir. 1995); Gary Scott Int'l, Inc. v .
- Goff v. Hackett Stone Co., No. 98-7137, 1999 WL 397409 (10th Cir. June 17, 1999).unpublished
- Employers Mut. Cas. Co. v. Bartile Roofs, Inc., 618 F.3d 1153 (10th Cir. 2010).published
- Uffner v. La Reunion Francaise, S.A., 244 F.3d 38 (1st Cir. 2001).published
- David Barber v. Dennis J. Simpson Paul D. Kothcer Phyllis J. Nelson, 94 F.3d 648 (8th Cir. 1996).unpublished
- Sharon Richards v. Aramark Servs., Inc., 108 F.3d 925 (8th Cir. 1997).published
- Seariver Mar. Fin. Holdings, Inc. v. Pena, 952 F. Supp. 455 (S.D. Tex. 1996).published
- Winnebago Tribe of Nebraska v. Babbitt, 915 F. Supp. 157 (D.S.D. 1996).published
- Golden Scorpio Corp. v. Steel Horse Bar & Grill, 596 F. Supp. 2d 1282 (D. Ariz. 2009).published
- S. Cnty. Mut. Ins. Co. v. Ochoa, 19 S.W.3d 452 (Tex. App.—Corpus Christi 2000).published
- Transocean Grp. Holdings Pty Ltd. v. South Dakota Soybean Processors, LLC, 505 F. Supp. 2d 573 (D. Minn. 2007).published
- Red Bull GmbH v. RLED, LLC, 515 F. Supp. 2d 641 (M.D.N.C. 2007).published
- Bel Canto Design, Ltd. v. MSS HIFI, 813 F. Supp. 2d 1119 (D. Minn. 2011).published
- Gary Scott Int'l, Inc. v. Baroudi, 981 F. Supp. 714 (D. Mass. 1997).published
- Wells' Dairy, Inc. v. Est. of Richardson, 89 F. Supp. 2d 1042 (N.D. Iowa 2000).published
- Silver Valley Partners, LLC v. De Motte, 400 F. Supp. 2d 1262 (W.D. Wash. 2005).published
- Bassili v. Chu, 242 F. Supp. 2d 223 (W.D.N.Y. 2002).published
- MB Fin. Bank, N.A. v. Walker, 741 F. Supp. 2d 912 (N.D. Ill. 2010).published
- Domino's Pizza PMC v. Caribbean Rhino, Inc., 453 F. Supp. 2d 998 (E.D. Mich. 2006).published
- Marley v. Jetshares Only, LLC, 767 F. Supp. 2d 1337 (S.D. Fla. 2011).published
- Master Tech Prods., Inc. v. Smith, 181 F. Supp. 2d 910 (N.D. Ill. 2002).published
- Bigham v. Envirocare of Utah, Inc., 123 F. Supp. 2d 1046 (S.D. Tex. 2000).published
- Texas Marine & Brokerage, Inc. v. Euton, 120 F. Supp. 2d 611 (E.D. Tex. 2000).published
- Abramoff v. Shake Consulting, L.L.C., 288 F. Supp. 2d 1 (D.D.C. 2003).published
- Overland, Inc. v. Taylor, 79 F. Supp. 2d 809 (E.D. Mich. 2000).published
- Gatz v. Ponsoldt, 271 F. Supp. 2d 1143 (D. Neb. 2003).published
- Hicklin Eng'g, L.C. v. Bartell, 116 F. Supp. 2d 1107 (S.D. Iowa 2000).published
- David Barber v. Dennis J. Simpson, No. 95-4210 (8th Cir. Aug. 23, 1996).unpublished
- Honeywell Int'l Inc. v. Deborah H. Davis, 607 S.W.3d 862 (Tex. App.—Houston [1st Dist.] 2020).published
- Allstate Life Ins. v. Stanley W. Burns, Inc., 80 F. Supp. 3d 870 (N.D. Ill. 2015).published
- Daniel v. Am. Bd. of Emergency Med., 428 F.3d 408 (2d Cir. 2005).published
- Steen v. Murray, 919 F. Supp. 2d 993 (S.D. Iowa 2013).published
- Clarendon Nat'l Ins. Co. v. Glickauf, No. 1:18-cv-02549, 2019 WL 7168657 (D. Colo. Dec. 23, 2019).
- Ctr. for Cmty. Self-help v. Self Fin., Inc., No. 1:21-cv-00862, 2023 WL 1779831 (M.D.N.C. Feb. 6, 2023).
- Pepe v. Pepe, No. 3:25-cv-00739 (N.D. Fla. June 16, 2025).
- Purple Innovation, LLC v. Waykar, Inc., No. 8:25-cv-00266 (M.D. Fla. Aug. 29, 2025).
- Jasmine, LLC v. Jasmine Asian Cuisine, Inc., No. M2025-01201-COA-R3-CV (Tenn. Ct. App. May 22, 2026).published
- Jenkins Brick Co. v. John E. Bremer, 321 F.3d 1366 (11th Cir. 2003).published
At page 986 requiring that the event itself be “wrongful” in order to support venue2 citing cases
- Uffner v. La Reunion Francaise, S.A., 244 F.3d 38 (1st Cir. 2001).published
- Savarese v. Allstate Ins., 672 S.E.2d 255 (W. Va. 2008).published
v.
Patrick DAHM, individually and d/b/a Cornbelt Manufacturing, Douglas Blass, individually and d/b/a Cornbelt Manufacturing, Michael DePew, individually and d/b/a Clark Trailer Sales, Inc.
The issue here is whether the Northern District of Iowa is a proper venue for this Lanham Act case. We conclude that it is not and therefore affirm the judgment of the district court[1] dismissing the case.
I.
Plaintiff Jerry Woodke, a resident of the Northern District of Iowa, designs and sells semi-trailers under the federally-registered trademark “Hawkeye Eagle.” Mr. Woodke asserts that he is engaged in a joint venture with defendants Patrick Dahm, Douglas Blass, and Cornbelt Manufacturing to make trailers under the Hawkeye Eagle trademark. Defendant Clark Trailer Sales sold Mr. Woodke’s trailers and defendant Michael DePew of Florida is an officer of Clark.
Mr. Woodke’s complaint alleges a violation of the Lanham Act, 15 U.S.C. § 1125, and contains various state-law claims as well. Section 1125 prohibits the use of false descriptions or false designations of origin in[*985] the advertising or selling of goods or services in commerce. Pioneer Hi-Bred, Int’l v. Holden Foundation Seeds, Inc., 35 F.3d 1226, 1241 (8th Cir.1994). The complaint avers that defendants published an advertisement in the “Southeastern Truck Paper,” which is not circulated in Iowa, featuring a photograph of a Hawkeye Eagle brand trailer, with Mr. Woodke’s registered trademark obscured, identifying the trailer as a “43' Corn-belt Peanut Hopper.” The complaint thus alleges what is called “reverse passing off,” which is “the defendant’s unauthorized removal of plaintiffs product’s identifying marks before reselling the goods.” Id.
The district court dismissed the case for improper venue after finding that the sole federal claim had an insubstantial connection with the forum. Woodke v. Dahm, 873 F.Supp. 179 (N.D.Iowa 1995).
II.
The Lanham Act has no special venue provision and thus the general venue statute is applicable. That statute provides that a federal-question case may be filed in a “judicial district in which a substantial part of the events or omissions giving rise to the claim occurred.” 28 U.S.C. § 1391(b)(2). The statute does not posit a single appropriate district for venue; venue may be proper in any of a number of districts, provided only that a substantial part of the events giving rise to the claim occurred there. See Setco Ents. Corp. v. Robbins, 19 F.3d 1278, 1281 (8th Cir.1994) (discussing similar provision in 28 U.S.C. § 1391(a)(2)).
The place where the alleged passing off occurred therefore provides an obviously correct venue. See, e.g., Cottman Transmission Sys., Inc. v. Martino, 36 F.3d 291, 294 (3d Cir.1994); Tefal, S.A. v. Products Int’l Co., 529 F.2d 495, 496 n. 1 (3d Cir.1976) (decided under prior venue rule); Vanity Fair Mills v. T. Eaton Co., 234 F.2d 633, 639 (2d Cir.), cert. denied, 352 U.S. 871, 77 S.Ct. 96, 1 L.Ed.2d 76 (1956) (same). Mr. Woodke, however, seems to have no evidence of any advertising or sales of the infringing advertisement in the Northern District of Iowa. He contends instead that venue lies in the district of his residency because that is the location of the ultimate effect of the passing off.
While it is true that the Lanham Act requires a plaintiff who “believes that he or she is or is likely to be damaged” by defendant’s conduct, 15 U.S.C. § 1125(a)(1), we believe that accepting Mr. Woodke’s argument would work a transformation of the venue statute that Congress could not have intended. One of the central purposes of statutory venue is to ensure that a defendant is not “haled into a remote district having no real relationship to the dispute.” Cottman, 36 F.3d at 294. While the present venue statute was certainly intended to expand the number of venues available to a plaintiff, we are reluctant to impute to Congress an intent to abandon altogether the protection of defendants as a relevant consideration in venue matters. We think it far more likely that by referring to “events or omissions giving rise to the claim,” Congress meant to require courts to focus on relevant activities of the defendant, not of the plaintiff. For one thing, it is not easy to know how a plaintiffs “omissions” could ever be relevant to whether a claim has arisen. For another, while damages or potential adverse economic effect are a necessary part of a Lanham Act claim, if Congress had wanted to lay venue where the plaintiff was residing when he was injured, it could have said so expressly. We therefore reject Mr. Woodke’s argument that venue lies in the Northern District of Iowa simply because that was where he was residing when the passing off occurred.
Mr. Woodke fails, moreover, to adduce any other evidence that a substantial part of the events giving rise to his Lanham Act claim occurred in the forum that he chose. He does not claim that the trademarks were altered in the Northern District of Iowa. He asserts that Cornbelt manufactured all of the trailers involved in the Lanham Act claim in the forum, and that the Clark dealership agreement was executed in Iowa. These activities, however, have an insubstantial connection with the kinds of events that give rise to a claim. It is true that manufacturing the trailers was a necessary event, in a causal sense, to an attempt to pass them off, but we[*986] do not think that it is an event giving rise to Mr. Woodke’s claim because it was not itself wrongful. Mr. Woodke also asserts in his brief that defendants conspired to violate the Lanham Act in the Northern District of Iowa. A conspiracy is, indeed, a wrongful act in itself; but we express no view on whether the locus of a conspiracy might provide venue, because it appears that Mr. Woodke produced no evidence of such a conspiracy in the court below. Mr. Woodke must therefore bring his suit in a different forum.
Finally, Mr. Woodke appears to suggest that the district court should have dismissed Mr. DePew in order to attain proper venue. While it does appear that Mr. De-Pew’s absence as a defendant would render venue proper under 28 U.S.C. § 1391(b)(1) and (c), because the remaining defendants reside in Iowa, there is no rule of which we are aware that requires a district court to dismiss particular defendants sua sponte in order to preserve venue in the absence of plaintiffs motion to dismiss such defendants. Mr. Woodke made no such motion.
III.
For the foregoing reasons, we affirm the judgment of the district court.
The Honorable Mark Bennett, United States District Judge for the Northern District of Iowa.