Sehic v. Anderson, et al(MAG+)
ORDERED as follows: 1) Mr. Sehic's 23 Objections are OVERRULED; 2) The Magistrate Judge's 22 Recommendation is ADOPTED; 3) Dfts' 8 Motion to Transfer Venue is DENIED to the extent that Dfts request transfer to the Northern Distri ct of California; 4) Dfts' 8 Motion to Transfer Venue is otherwise GRANTED, and this action is TRANSFERRED to the Eastern District of California, pursuant to 28 USC § 1404(a); DIRECTING the Clerk to take all steps necessary to effectuate the transfer. Signed by Chief Judge William Keith Watkins on 12/17/2012. (wcl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
WILLIAM VAN ANDERSON,
) CASE NO. 3:12-CV-614-WKW
On November 14, 2012, the Magistrate Judge filed a Recommendation (Doc.
# 22) that this action be transferred to the Eastern District of California, pursuant to
28 U.S.C. § 1404(a).
Plaintiff Emir Sehic timely filed objections to the
Recommendation. (Doc. # 23.)
Mr. Sehic’s objections can be organized into three categories. First, Mr. Sehic
objects to two alleged factual errors in the Recommendation concerning arguably
relevant dates pertaining to the alleged misconduct. Mr. Sehic’s objections are noted
(see Am. Compl. ¶¶ 38, 49 (Doc. # 7)), but those objections, even if sustained, are not
material to the substantive transfer analysis.
Second, Mr. Sehic objects to the Magistrate Judge’s findings with respect to the
§ 1404(a) factor that analyzes the convenience of witnesses. He contends that the
Magistrate Judge erroneously relied on Defendants’ “list of 57 witnesses” in finding
that this factor weighs in favor of transfer. (Doc. # 23, at 2.) Contrary to Mr. Sehic’s
assertion, however, the Magistrate Judge found that there were numerous witnesses
whose proffered testimony is “not in any way material” to the case. (Doc. # 22, at 6.)
The Magistrate Judge applied the appropriate standard and properly pared down that
list to several defense witnesses who “arguably may provide material testimony” and
concluded that the convenience of these defense witnesses weighed in favor of
transfer. (Doc. # 22, at 7.) The court finds that overall the Recommendation properly
addressed this factor, and that Mr. Sehic’s objections on this issue lack merit, without
need for further discussion.
Third, Mr. Sehic contends that Defendants have engaged in bad faith based
upon their alleged vacillating positions as to whether a partnership was formed
between them and Plaintiff. Plaintiff contends that whether a partnership existed is
a “pivotal issue in this case.” (Doc. # 23, at 5.) That may be so, but that issue is not
determinative on the question of transfer and, contrary to Plaintiff’s argument, does
not present a ground upon which to deny the motion to transfer.
Bottom line, based upon an independent and de novo review of those portions
of the Recommendation to which objection is made, see 28 U.S.C. § 636(b)(1), the
court finds that Mr. Sehic’s objections fail to undermine the Recommendation of the
Magistrate Judge and that the Eastern District of California clearly is a more
convenient forum than the Middle District of Alabama.
Accordingly, it is ORDERED as follows:
Mr. Sehic’s Objections (Doc. # 23) are OVERRULED.
The Magistrate Judge’s Recommendation (Doc. # 22) is ADOPTED.
Defendants’ motion to transfer venue is DENIED to the extent that
Defendants request transfer to the Northern District of California.
Defendants’ motion to transfer venue is otherwise GRANTED, and this
action is TRANSFERRED to the Eastern District of California, pursuant to 28 U.S.C.
The Clerk of the Court is DIRECTED to take all steps necessary to effectuate
DONE this 17th day of December, 2012.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE
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