Paulk v. Ace Moving and Storage

Filing 20

ORDER GRANTING 11 Motion to Dismiss, or in the Alternative, Motion to Transfer Venue to the extent it seeks to transfer this action to the USDC for the SDMS. The Clerk is directed to take such steps as are necessary to effectuate this transfer. Signed by Chief Judge Callie V. S. Granade on 6/17/09. (copy mailed to Plf on 6/18/09) (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SANDRA CAROL PAULK, Plaintiff, v. ACE MOVING AND STORAGE, Defendant. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 09-00078-CG-N

ORDER This action is before the Court on a motion (Doc. 11) filed by the defendant, Ace Moving & Storage ("Ace"), to dismiss or, in the alternative, to transfer this matter to the United States District Court for the Southern District of Mississippi. In her response (Doc. 19) to this motion, the plaintiff admits that, although she now lives in Alabama (Doc. 9), the incidents made the basis of this lawsuit occurred when she lived and worked in Gulfport, Mississippi. Consequently, plaintiff does not object to the transfer of this action as requested by the defendant. It is therefore ORDERED that Ace's motion (Doc. 11) be and is hereby GRANTED to the extent it seeks transfer of this action to the United States District Court for the Southern District of Mississippi.1 The Clerk of this Court is hereby directed to take such steps as are necessary to effectuate this transfer.

DONE this 17th day of June, 2009. /s/ Callie V. S. Granade
CHIEF UNITED STATES DISTRICT JUDGE

In view of the possibility that plaintiff, if given the opportunity, could correct the pleading deficiencies which would otherwise warrant actual dismissal of this action, transfer is the appropriate relief at this juncture.

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