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)

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_

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