Helena Chemical Company et al v. Skinner et al

Filing 49

ORDER denying without prejudice Catlett's 32 Motion to Transfer Case. Signed by Judge Susan Webber Wright on 10/27/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION

HELENA CHEMICAL COMPANY and
FEDERAL INSURANCE COMPANY
Plaintiffs
V.
JOHN BOSWELL SKINNER, JR., ET
AL.
Defendants

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NO: 4:11CV00691 SWW

ORDER
Helena Chemical Company (“Helena”) and Federal Insurance Company bring this action
against former Helena employees John Boswell Skinner, Jr., Thomas Chris Coleman, Kurt
Nelson Catlett, Adam Roll Catlett, and Wayne Norman Bass. Before the Court is Defendant
Kurt Nelson Catlett’s motion to transfer this case to the Eastern (Helena) Division of this Court
(docket entry #32), and Plaintiffs’ response in opposition (docket entry #36). For reasons that
follow, the Court finds that the motion is premature and therefore denies the motion without
prejudice.
Plaintiffs note, correctly, that in 1988 Congress eliminated divisional venue in civil cases.
However, under 28 U.S.C. § 1404(a), “[f]or the convenience of parties and witnesses, in the
interest of justice, a district court may transfer any civil action to any other district or division
where it might have been brought.” The statute identifies three general categories of factors to

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be considered when deciding a motion to transfer: (1) the convenience of the parties; (2) the
convenience of the witnesses; and (3) the interests of justice. See 28 U.S.C. § 1404(a).
Additionally, the Eighth Circuit has approved the consideration of “all relevant factors” in
making a “case-by-case evaluation of the particular circumstances at hand.” Terra Intern., Inc.
v. Mississippi Chemical Corp., 119 F.3d 688, 691 (1997).
In support of his motion, the separate defendant states: “This matter concerns conduct
alleged to have occurred in Phillips County, Arkansas or Monroe County, Arkansas. The
defendants and witnesses in this matter primarily reside in Phillips County, Arkansas and
Monroe County, Arkansas.” Docket entry #33. Plaintiffs point out that at this early stage in the
case, no party has made disclosures regarding witnesses, and it cannot be ascertained whether the
interests of convenience and justice require transfer to the Eastern Division.
IT IS THEREFORE ORDERED that Separate Defendant Kurt Nelson Catlett’s motion to
transfer (docket entry #32) is DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED THIS 27TH DAY OF OCTOBER, 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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