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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 Transfer Venue Defendant Jonathan Autry by and through counsel, Joshua M. Autry, Esquire, moves this Court to transfer venue to the Western District of Virginia: 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. Jonathan Autry and Jason Smathers have sought dismissal for improper venue and

lack of personal jurisdiction. In the alternative, Jonathan Autry seeks transfer to the Western District of Virginia. 4. 5. Dr. Caner opposes these motions. Jason Smathers does not oppose the underlying idea that the Northern District of

Texas is the inappropriate venue, but does oppose the case being transferred to the Western District of Virginia, which, in his opinion, is equally inappropriate for counts against him. Jason Smathers maintains that the venue question raised by this motion is further reason to sever the

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case into two parts, and if the case is so severed, then transfer of the case against Jonathan Autry to Virginia would not affect Jason Smathers in any way. 6. 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). 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 (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. 7. If this Court does not dismiss this matter, this Court could exercise its discretion

to transfer this case to the Western District of Virginia pursuant to 28 U.S.C. 1404(a). 8. The parties here are stretched out across the country, and at least in part because

of this, Jason Smathers and Jonathan Autry have filed a motion to sever. But the Western District of Virginia would be a much more convenient forum for Jonathan Autry. 9. Jonathan Autry believes that at least some witnesses reside within the Western

District of Virginia but does not believe any witnesses reside in the Northern District of Texas. Jonathan Autry Dec. 13 (Ex. A). 10. Jonathan Autry posted the videos from within the Western District of Virginia.

Jonathan Autry Dec. 3 (Ex. A). At least part of the Count 2 video, a vlog post, was recorded within the Western District of Virginia. Jonathan Autry Dec. 13 (Ex. A).

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11.

Finally, the interests of justice heavily favor a transfer. Jonathan Autry is

unemployed and cannot afford to travel to the Northern District of Texas to litigate this case. Jonathan Autry Dec. 31 (Ex. A). Accordingly, this case may result in a default judgment due to Jonathan Autrys inability to travel to Texas for a deposition or trial if not resolved on the motion to dismiss. Wherefore, Jonathan Autry requests this Honorable Court dismiss this action with prejudice, or in the alternative, transfer this case to the Western District of Virginia.

Respectfully Submitted, CLYMER, MUSSER & CONRAD, P.C.

By:

Date: November 26, 2013

_/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

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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 Kelly Brian McClanahan kel@nationalsecuritylaw.org

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

Dated: November 26, 2013