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Janelle filed a federal diversity action in the District of State D against NorthCable Corp. NorthCable is incorporated and headquartered in State E. The contract was negotiated, signed, and performed entirely in State F. NorthCable has no offices, employees, property, customers, or relevant conduct in State D. Janelle filed in State D only because her lawyer's office is there.
NorthCable's first Rule 12 motion moved to dismiss for lack of personal jurisdiction and failure to state a claim, but did not mention venue. After that motion was denied, NorthCable moved to dismiss or transfer for improper venue under Section 1406. Janelle argues that venue was waived. NorthCable argues that the court should at least transfer rather than dismiss because the limitations period has now expired.
How should the court address venue, waiver, and transfer? Discuss.