Murray v. Union Pacific Railroad Company

Filing 10

ORDER denying 3 Motion to Dismiss or Transfer. Signed by Judge D. P. Marshall Jr. on 5/20/2015. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION BRUCE MURRAY v. PLAINTIFF No. 2:15-cv-31-DPM UNION PACIFIC RAILROAD COMPANY DEFENDANTS ORDER The Union Pacific’s motion to dismiss or transfer based on bad venue, № 3, is denied. First, Title VII’s venue provision is satisfied: it speaks of a district, not a division. Venue is proper anywhere in the Eastern District of Arkansas insofar as the letter of Title VII. Second, the case for transfer under 28 U.S.C. §§ 1404 & 1406 is close. There are witnesses in both divisions. Key events occurred in both. Some documents are at the yard in North Little Rock, but this is not a document-centered case. Out-of-state folks must travel to either Little Rock or Helena. Little Rock would be a bit more convenient for them, but there’s an airport in Memphis and the drive to Helena isn’t a great burden. Plaintiff chose the Eastern Division—Helena. And his choice is entitled to substantial weight. All material things considered, the railroad has not demonstrated that a transfer between divisions is justified. So Ordered. ________________________ D.P. Marshall Jr. United States District Judge 20 May 2015_ -2-

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