Griggs v. Kenworth of Montgomery, Inc. et al

Filing 128

OPINION AND ORDER: Accordingly, it is ORDERED as follows: (1) The objections (doc. no. 127 ) are overruled. (2) The magistrate judge's recommendation (doc. no. 126 ) is adopted. (3) The motions to transfer venue (doc. nos. 101 and 113 ) are granted. (4) The motion to dismiss for lack of jurisdiction (doc. no. 58 ) is denied as moot. (5) Plaintiffs Alton R. Griggs, Jr. and Yusuf Brinson's claims against only defendant Arrow Truck Sales, Inc. are transferred to the United States District Court for the Northern District of Georgia pursuant to 28 U.S.C. 1406(a). Defendant Arrow Truck Sales, Inc. is terminated as a party in this court. The clerk of the court is DIRECTED to take appropriate steps to effect the transfer. This ca se is not closed, and plaintiffs Griggs and Brinson's claims against defendant Kenworth of Montgomery, Inc., remain pending in this court. They are referred back to the magistrate judge. Signed by Honorable Judge Myron H. Thompson on 8/20/2018. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ALTON R. GRIGGS, JR.,

)
)
Plaintiff,
)
)
YUSEF BRINSON,
)
)
Plaintiff-Intervenor, )
)
v.
)
)
KENWORTH OF MONTGOMERY,
)
INC., a corporation, and
)
ARROW TRUCK SALES, INC., a )
corporation,
)
)
Defendants.
)

CIVIL ACTION NO.
2:16cv406-MHT
(WO)

OPINION AND ORDER
After being injured in an accident that occurred
when the truck he was driving malfunctioned, plaintiff
Alton
claims

R.

Griggs,

of

Jr.

negligence,

warranties,

negligent

filed
breach

this
of

lawsuit

express

misrepresentation

asserting

and

implied

and/or

fraud

against defendants Arrow Truck Sales, Inc. (which sold
the

truck)

repaired

and

the

Kenworth
truck

of

after

Montgomery,
a

prior

Inc.

(which

malfunction).

Plaintiff Yusuf Brinson, who was also injured in the
accident, later intervened.

This lawsuit is now before

the court on the recommendation of the United States
Magistrate Judge that Griggs’s and Brinson’s motions to
transfer the claims against Arrow to the United States
District Court for the Northern District of Georgia be
granted, and that Arrow’s motion to dismiss for lack of
personal jurisdiction be denied as moot.

Also before

the court are Arrow’s objections to the recommendation
that its motion to dismiss be denied as moot; Arrow
contends that it should be granted, but does not object
to the case being transferred.

After an independent

and de novo review of the record, the court concludes
that the magistrate judge’s recommendation should be
adopted.

***

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Accordingly, it is ORDERED as follows:
(1) The objections (doc. no. 127) are overruled.
(2) The magistrate judge's recommendation (doc. no.
126) is adopted.
(3) The motions to transfer venue (doc. nos. 101
and 113) are granted.
(4)

The motion to dismiss for lack of jurisdiction

(doc. no. 58) is denied as moot.
(5)

Plaintiffs

Brinson’s
Sales,

claims

Inc.

District

against

are

Court

Alton

R.

Griggs,

only

transferred

for

the

the

Northern

and

Yusuf

Arrow

defendant
to

pursuant to 28 U.S.C. § 1406(a).

Jr.

Truck

United

District

of

States
Georgia

Defendant Arrow Truck

Sales, Inc. is terminated as a party in this court.
The

clerk

of

the

court

is

DIRECTED

to

take

appropriate steps to effect the transfer.
This case is not closed, and plaintiffs Griggs and
Brinson’s

claims

against

3

defendant

Kenworth

of

Montgomery, Inc., remain pending in this court.

They

are referred back to the magistrate judge.
DONE, this the 20th day of August, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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