Duvall et al v. Commissioner of Social Security Administration

Filing 15

ORDER granting 13 Motion to Transfer Case. The Clerk is directed to immediately transfer this case to the Eastern District of Arkansas. Signed by Honorable P. K. Holmes, III on October 1, 2013. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION PAUL DAVID DUVALL; WILLIAM S. WOMBLE; CARL R. MOORE; DONALD H. JONES; JOYCE PATTON; ELMER E. MCVAY, and all others similarly situated v. PLAINTIFFS Case No. 2:13-CV-02141 CAROLYN W. COLVIN, Commissioner of the Social Security Administration DEFENDANT ORDER Currently before the Court is Plaintiffs’ unopposed motion (Doc. 13) to transfer this matter to the Eastern District of Arkansas. “For the convenience of parties and witnesses, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.” 28 U.S.C. § 1404(a). A similar case to the instant matter was previously filed in the Eastern District of Arkansas. The Eastern District case remains pending. Plaintiffs request transfer of this case to the Eastern District so that they can move for consolidation of the two similar cases in the interests of efficiency and avoidance of inconsistent or conflicting results. Plaintiffs represent that the Government has no objection to a transfer. The Court finds that transfer is proper, as this case may have been originally brought in the Eastern District. The Court finds that transfer would also serve the interests of justice. IT IS THEREFORE ORDERED that Plaintiffs’ unopposed motion (Doc. 13) for transfer is GRANTED. The Clerk is directed to immediately transfer this case to the Eastern District of Arkansas. -1- IT IS SO ORDERED this 1st day of October, 2013. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE -2-

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