Scott Wood Products, LLC v. Multitrade Rabun Gap, LLC

Filing 17

MEMORANDUM OPINION AND ORDER as follows: (1) Defendants 9 Motion to Dismiss, or, in the Alternative, to Transfer is DENIED to the extent that it seeks dismissal of this action, but GRANTED to the extent that it seeks transfer of this lawsuit to the United States District Court for the Northern District of Georgia, Gainesville Division; and (2) It is further ORDERED that this action be, and the same hereby is TRANSFERRED to the United States District Court for the Northern District of Georgia, Gainesville Division for all further proceedings. Signed by Hon. Chief Judge Mark E. Fuller on 2/18/2010. (cb, )

IN THE UNITED STATES DISTRICT COURT FOR T H E MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION

S C O T T WOOD PRODUCTS, LLC, P la in tif f , v. M U L T IT R A D E RABUN GAP, LLC, D e f e n d a n t.

) ) ) ) ) Civil Action No. 3:10-cv-7-MEF ) ) (W O - Do Not Publish) ) )

MEMORANDUM OPINION AND ORDER T h i s cause is before the Court on Defendant's Motion to Dismiss or, in the A ltern a tiv e , to Transfer (Doc. # 9). Plaintiff filed this lawsuit alleging breach of contract in this Court invoking this Court's subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a). P la in tif f 's complaint and amended complaint contain general factual allegations regarding t h e appropriateness of venue. Specifically, Plaintiff alleges that it is an Alabama limited lia b ility company with a principal place of business in Alabama and that the performance of th e contract at issue was to occur in Alabama. Defendant contends that this case should be d is m is s e d because this Court lacks personal jurisdiction over Defendant. In the alternative, p u rs u a n t to 28 U.S.C. § 1406(a), Defendant claims that venue is improper in this district and u rge s the Court to either dismiss the case or to transfer it to the United States District Court f o r the Northern District of Georgia, a district where venue is appropriate. As a final a lte rn a tiv e , Defendant seeks transfer pursuant to 28 U.S.C. § 1404(a). Under 28 U.S.C. § 1406(a), "[t]he district court of a district in which is filed a case

la yin g venue in the wrong division or district shall dismiss, or if it be in the interest of justice, tra n sf e r such case to any district or division in which it could have been brought." Defendant c o n te n d s that venue properly likes in the Northern District of Georgia because a substantial p a rt of the events or omissions giving rise to the claim occurred in Rabun Gap, Georgia, w h i c h is located in the Gainesville Division of the Northern District of Georgia. In response to the Defendant's motion, Plaintiff "consents to the transfer of this cause to the Northern D is tric t of Georgia." By this statement, Plaintiff concedes that venue is appropriate there and n o t appropriate here. Accordingly this case is due to be transferred to the Northern District o f Georgia pursuant to 28 U.S.C. § 1406(a). For the foregoing reasons, it is hereby ORDERED as follows: (1 ) Defendant's Motion to Dismiss, or, in the Alternative, to Transfer (Doc. # 9) is D E N IE D to the extent that it seeks dismissal of this action, but GRANTED to the extent that it seeks transfer of this lawsuit to the United States District Court for the Northern District o f Georgia, Gainesville Division. (3) It is further ORDERED that this action be, and the same hereby is

T R A N S F E R R E D to the United States District Court for the Northern District of Georgia, G a in e s v i lle Division for all further proceedings. D o n e this 18th day of February, 2010.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE 2