CEC Controls Company, INC. v. H&H Electric, INC. et al

Filing 11

ORDER granting 6 Motion to Transfer Case; ORDER TRANSFERRING CASE to District of Arkansas Eastern Little Rock Division. Docket Sheet and case documents sent to receiving court. Signed by Honorable Robert T. Dawson on February 18, 2021. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION CEC CONTROLS COMPANY, INC. V. PLAINTIFF NO. 6:21-cv-06014-RTD H & H ELECTRIC, INC. and AUTO-OWNERS INSURANCE COMPANY DEFENDANTS ORDER Before the Court is Defendant’s Motion for Change of Venue. (ECF No. 6). Plaintiff has filed a Response in Support of the Motion (ECF No. 10). This matter is ripe for consideration. This action, originally filed in the Circuit Court for Garland County, Arkansas, was removed to the Western District of Arkansas pursuant to 28 U.S.C. § 1446 because the complaint stated a claim under the Miller Act, 40 U.S.C. §§ 3131, 3133. Defendant H & H Electric now seeks to transfer venue of the case to the Eastern District of Arkansas, Little Rock Division, in order to comply with a statutory provision requiring this action be brought in the district where the underlying contract was to be performed and executed. See 40 U.S.C. § 3133(b)(3). The parties agree the underlying contract was to be performed and executed at a project near DeValls Bluff, Arkansas, located within the Eastern District of Arkansas. Defendant Auto-Owners filed a response in support of the motion to change venue, and the Court has been notified that Plaintiff, CEC Controls Company, Inc., does not oppose the motion. 1 In the interests of justice, the Court finds that this action should be transferred. Accordingly, Plaintiff’s Motion for Change of Venue (ECF No. 6) is hereby GRANTED. The Clerk of Court is DIRECTED to immediately transfer this case to the United States District Court for the Eastern District of Arkansas, Little Rock Division. IT IS SO ORDERED this 18th day of February 2021. /s/ Robert T. Dawson ROBERT T. DAWSON SENIOR U.S. DISTRICT JUDGE 2

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