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.
***
2
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
4
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