GIBSON v. BOY SCOUTS OF AMERICA et al
MEMORANDUM of Points and Authorities in Support of Defendants' Motion for Change of Venue. (McGavin, John)
GIBSON v. BOY SCOUTS OF AMERICA et al
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I n the: U N IT E D STATES DISTRICT COURT FO R THE DISTRICT OF COLUMBIA J O S EP H LEE GIBSON 9 6 6 Towlston Road M c L e a n , Virginia 22102, Pla intiff, C a s e Number; 1:04CV00190 Judge: D e c k Type: Pro se General Civil Da te Stamp: v. B O Y SCOUTS OF AMERICA, J O H N DOE, No. 1-7, N A T I O N A L CAPITAL AREA COUNCIL BOY SCOUTS OF AMERICA, and R I C H A R D ROE, No. 1-7, Defendants.
ME MO R A N D U M OF PO I N T S AND AUTHORITIES IN SUPPORT OF M O T IO N FOR CHANGE OF VENUE C O M E S NOW , the Defendants, Boys Scouts of America (hereinafter "Boy S c o u ts ) and the National Capital Area Council Boy Scouts of America (hereinafter " N C A C " ) , by counsel and in support of their Motion for Change of Venue states as
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follows: In trod u cti o n and Facts T h i s matter arises out of a Complaint for Injunctive Relief and Damages in whi ch the Plaintiff pro se, Joseph Lee Gibson, is a resident and dom icil iary of the C o m m o n w e a l t h of Virginia, at 966 Towlston Road, McLean , Virginia. A substantial part of the underlying events and occurrences took place in the C o m m o n w e a l t h of Virginia, specifically in and around McLean, Virginia. The Defendants, Boys Scouts and NCAC have substantial contacts and enga ge in activities in the Commonwealth of Virginia and were so engaged during the alleged events or om iss ions pled by Plaintiff. Most if not all of the parties and w i t n e s s e s who will be called into Court on this cause reside or conduct business o r activities in the Commonwealth of Virginia. L a w and Argument Purs uant to 28 U.S.C. S. §1404 (2004), this Court has broad discretion to grant a change of venue to the Defendants, Boys Scouts and NCAC. The lang uage of 28 U.S.C.S. §1404(a) states in pertinent part:
"For the convenience of the 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."
U n d e r the United States Court of Appeals for the District of Columbia decision in P r e u s s v. Udall, 123 U.S. App. D.C. 301; 359 F.2d 615 (1965) the appellate court held that "[i]f the trial judge finds that the convenience of the parties and the -2-
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i n te r e s t of justice would be served by transferring the case to Oregon, the policies o f Section 1391(e) and Section 1404(a) would be furthered by permitting transfer i n this case." Clearly, following Preuss, this Court is within its statutory discretion to grant Defendants' Motion for Change of Venue. Conclusion W H E R E F O R E , the Defendants Boy Scouts and NCAC respectfully move t h i s Court to grant their motion for change of venue to the United States District C o u r t for the Eastern District of Virginia in Alexandria, Virginia.
BO Y SCOUTS OF AMERICA, And NATIO NAL CAPITAL AREA COUNCIL B O Y SCOUTS OF AMERICA B y Counsel
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T R IC H IL O , BANCROFT, McGAVIN, HORVATH & JUDKINS, P.C. 3 9 2 0 University Drive F a i r fa x , Virginia 22030 ( 7 0 3 ) 385-1000 ( 7 0 3 ) 385-1555 Fax
_____________________________ John D. McGavin, Esquire D C B Number 475899 C o u n s e l for Defendants Boys Scouts of America and National Capital Area Council B o y Scouts of America
C E R TI FI C AT E OF MAILING I hereby certify that a true copy of the foregoing Memorandum of Points a n d Authorities in Support of Motion for Change of Venue was mailed, p o s t a g e pre-paid on this 20th day of May, 2004 to J o s e p h Lee Gibson P l a in t if f pro se 9 6 6 Towlston Road M c L e a n , Virginia 22102 ________________________ J o h n D. McGavin
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