Can you provide citations for everything except your first sentence? Especially in regards to Rule 12.
So, I am assuming you are asking whether or not you can file another Rule 12 motion to dismiss. The short answer is no, you can’t. Technically, this issue was already resolved by the 10th circuit. However, this is a Lolsuit and Lolsuits are fun because they break the legal system in interesting ways.
Simply put, you had no business getting a venue change in the first place. All Greer had to do to block it was make some bullshit up about judicial economy and inconvenience. There are safeguards that usually prevent a venue change after YEARS of bouncing between the appellate division and the district court at the preliminary stage before even an answer has been filed. It could have been as simple as “this court has had jurisdiction for so long, why give it up now”. Greer was a mongoloid though and didn’t even raise an objection, let alone a coherent response.
When I said I can think of no case like this one where its thrown out with a Rule 12, then brought back by the appeals court and then has a venue change to an entirely different district, I mean that. It presents a novel issue. Since the interpretation of the rules is based on guiding precedent, there really isn’t one for this specific issue. Which is this. Each Court is allowed leeway to interpret the rules within the confines of their own district. But the power to determine the rules rests solely with the Supreme Court by Congressional Statute. What one court rules can be Persuasive to how a different court will rule, but if the instant court is not subject to the other courts orders, then it is not a Precedent. The big case you need to know about is
Sibbach v. Wilson & Company
In
Sibbach the issue was over conflicting laws in different jurisdictions and which law should be applied. So it was not a question of conflicting circuit opinion per se, but close enough. The court held that the rules of procedure are just that. Procedural. Not Substantive. Since we still have not gotten to a defense ANSWER yet, a compelling argument could be made that we are still at the preliminary stage of litigation where the exact same Rule 12 motion you used to get rid of Greer initially could be reintroduced. Because while the 10th circuit may have decided on it, the 11th circuit has not yet had the opportunity to do so. What does still exist is your substantive right to a fair trial, and if this case is to proceed under the 11th circuit's banner, then the 11th should have the opportunity to weigh in on its merits.
They could still agree with what the 10th circuit said though.