Busch v. Wal-Mart Stores Arkansas LLC et al

Filing 24

ORDER transferring the case to the Western District of Arkansas, Fayetteville Division. Signed by Judge D. P. Marshall Jr. on 4/27/12. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

ANDREW BUSCH, individually
and on behalf of all others similarly
sItuated
v.

PLAINTIFF

No. 4:12-cv-77-DPM

WAL-MART STORES, INC.

DEFENDANT
ORDER

Having applied the statutory factors and the precedent, the Court
concludes that the Western District is the most convenient for all concerned
and is where this case needs to be. 28 U.S.C. § 1404(a); Terra International,
Inc. v. Mississippi Chemical Corp., 119 F.3d 688, 695-97 (8th Cir. 1997).

E~erything at issue happened at Wal-Mart's home office; and the only

thing tying this case to the Eastern District is Busch's decision to file here.
While this choice is entitled to weight, it is not dispositive. Lewis v. United
Parcel Service, No. 4:09-cv-887-JMM, 2010 WL 654295, at *2 (E.D. Ark. 17

Feb. 2010). The Court understands Busch's concerns about assignment
within the Western District. But some judge will be picked at random to
handle the case. The interests of justice are best served by transferring the
case.

Motion to transfer, Document No.8, granted. This case is transferred
to the Western District of Arkansas, Fayetteville Division. The transfer is
r

immediate because the receiving Court is in the Eighth Circuit too. Cf In re
Nine Mile Limited, 673 F.2d 242 (8th Cir. 1982).

So Ordered.

v
D.P. Marshall Jr.

United States District Judge

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