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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS Ergun M. Caner, Plaintiff v. Jonathan Autry, Jason Smathers, Defendants : No.: 4:13-cv-494 : : Civil Action - Law : Jury Trial Demanded : (Electronically Filed) :

Motion to Dismiss for Improper Venue and Lack of Jurisdiction Defendant Jonathan Autry and Jason Smathers, by and through counsel, move this Court to dismiss for lack of personal jurisdiction and improper venue: 1. On June 18, 2013, Dr. Ergun Caner filed a Complaint in the Northern District of

Texas. On October 14, 2013, Dr. Ergun Caner filed an Amended Complaint. 2. In Counts 1 and 2, Dr. Caner alleges that Jonathan Autry infringed his copyright

by posting two videos on YouTube. In Counts 3 and 4, Dr. Caner alleges that Jason Smathers infringed his copyright by posting two videos. The video in Count 1 and 3 are the same video. 3. On November 25, 2013, Defendants filed a motion to sever the case for improper

joinder. Defendants are also filing, contemporaneous with this motion, a motion to dismiss for failure to state a claim and a motion to dismiss for failure to join all necessary parties, and Jonathan Autry is filing a motion to transfer the case to the Western District of Virginia. 4. Jason Smathers, a resident of Arizona, posted the videos subject to Count 3 and 4

in 2010 while Dr. Caner lived in Virginia. Jonathan Autry Dec. 7 (Ex. A); Jason Smathers Dec., Dkt. #23-1, 4 (filed Nov. 25, 2013). Jonathan Autry, a Virginia resident, posted the video subject to Count 2 in Spring of 2011 while Dr. Caner lived in Virginia. Jonathan Autry Dec. 18 (Ex. A). Jonathan Autry posted the Count 1 video in February 2012. Jonathan Autry Dec. 8

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(Ex. A). This was after Dr. Caner moved from Virginia to Texas, but Count 1 was the same video that Mr. Smathers posted in 2010 that is subject to Count 3. Accordingly, all 3 videos were originally posted while Dr. Caner lived in Virginia. 5. This Court should dismiss this action pursuant to FRCP 12(b)(2) for lack of

personal jurisdiction. 6. Jonathan Autry and Jason Smathers have had no contacts with Texas. Jonathan

Autry and Jason Smathers have not directed any conduct towards Texas. Jason Smathers, an Arizona resident, posted the Counts 3 and 4 videos in 2010 while Dr. Caner resided in Virginia. Jonathan Autry posted the Count 2 video in the Spring of 2011 while Dr. Caner resided in Virginia. Although Jonathan Autry posted the Count 1 video after Dr. Caner moved to Texas, this was the same video posted by Mr. Smathers in Count 3 while Dr. Caner lived in Virginia. 7. Jonathan Autry and Jason Smathers have done nothing to expect being haled into

court in Texas. They have not purposefully availed themselves of the protection of Texas laws. Nor have they purposefully directed efforts toward Texas residents. 8. For similar reasons, this Court should dismiss this action for improper venue

under FRCP 12(b)(3). Congress has provided that a plaintiff can bring a copyright suit in the district in which the defendant or his agent resides or may be found. 28 U.S.C. 1400(a). 9. Jonathan Autry resides in the Eastern District of Virginia. At the time of the filing

of the Complaint and when he posted the videos, he resided in the Western District of Virginia. At all relevant times, Jason Smathers has resided in the District of Arizona. 10. Venue for Counts 1 and 2 would have been proper in the Western District of

Virginia, and venue for Counts 3 and 4 would have been proper in the District of Arizona, where

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a substantial part of the events or omissions giving rise to the claim occurred. 28 U.S.C.A. 1391(b)(2). But venue is not proper in the Northern District of Texas where no events took place. 11. Dr. Caner opposes this motion.

Wherefore, Jonathan Autry and Jason Smathers request this Honorable Court dismiss this action with prejudice.

Respectfully Submitted, By: _/s/ Joshua M. Autry_________________ Joshua M. Autry, Esquire Attorney I.D. #208459 408 West Chestnut Street Lancaster, PA 17603 Telephone: 717.299.7101 Facsimile: 717.299.5511 _/s/ Kelly B. McClanahan_____________ Kelly B. McClanahan, Esquire N.D. Tex. Bar #984704DC 1200 South Courthouse Road Suite 124 Arlington, VA 22204 Telephone: 301.728.5908 Facsimile: 240.681.2189

Date: November 26, 2013

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CERTIFICATE OF SERVICE I hereby certify that on the date listed below I electronically filed the foregoing with the Court using the CM/ECF system, which sent notification of such filing to the following person(s) at the following email address(es): David C. Gibbs dgibbs@gibbsfirm.com

/s/ Joshua M. Autry__________ Joshua M. Autry, Esquire

Dated: November 26, 2013