HOUSTON et al v. STUCKEY

Filing 5

ORDER that the Defendant's 4 Consent Motion to Transfer Venue is granted. The Clerk is directed to transfer this case to the United States District Court for the District of Columbia. Following transfer, the Clerk shall terminate all deadlines and motions, and close this case. Signed by Judge J. Randal Hall on 10/21/2014. (jah) [Transferred from Georgia Southern on 10/22/2014.]

COURT
IN TEE I,NITED
STATES DISTRICT
OE' GEORGIA
E1OR TEE SOUTEERN DISTRTCT
AUGUSTA DIVISION

ZENNIE HOUSTON, BETTY TURNER,
FRANCES ROSS, JESSE MAE ABRAMS,
ANd FLORINE WATSON,
Case No. : 1:14-cv-191

Plaintiffs,
v.
C. BRIAN STUCKEY, District
Farm Service AgencY,
Director,
United States Department Of
Agriculture,
Defendant.

ORDER

pending

Presently
transfer
District

Court

reasons

stated

for

the

herein,

motion

Plaintiffs'
(*TRO"),

which

Georgia.
foreclosure
from

the

Agriculture

entry

for

was granted

(Doc.

1.)

Farm

Service

("USDA").

based upon a pending

in

There,
tract

on a 350-acre

Agency

States

United

For

4).

the

GRAI{ITED.

a

of
the

to

on

Court

the

Plaintiffs
of

land

and

vacate

due to

United
1.)

of
a

Burke

County'

TRO to

prevent

nonpayment

States

The motion

and set

order

restraining

Court
sought

following

removal,

temporary

Superior

(Doc. )., Ex.
motion

(Doc.

to

motion

BACKGROT'IID

before

comes

matter

the

to

Columbia

is

motion
I.

This

of

District

the

Defendant's

is

consent,

Plaintiff's

with

venue,

Court

the

before

aside

of

loans

Department
for

of

a TRO was

an arbitrator's

decision
which,

the

farm

for

decisions

by

disrnissed

by

a

(Id. )

the

the

which

the

18,

20L4,

Pigford

United

States

claim.
to

file

Lucious
set

show a prima

Court
his

of

dismissed

to

the

Piqford
24,

2014,

the

a response by October 24'

case

Abrams, Jr.
District

of

violated

due

2OO9.

decision

arbitrator's
8,

On October

was

the

Abrams and Sons and Lucious

aside

facie

Jr.t

claim

f or

on August

through

which

claims, "

in

That

4.)

Abrams,

L4, 2008, Lucious

Distri.ct

dismissal

court

to

a complaint

faj-Iure

them

claims

Lucious

"Pigford

On October
the

in

cornplaint

process,

the

for

(Id.)

alleging

filed

so-called

arbitrator

Columbia

September

resolve

neutral.

these

(Doc.

Court
American

African
against

programs.
to

of

of

helpful

District

the

USDA discriminated

claimants

discrimination.

f iled

a class

third*party

a

one

submitted

certified

and benefit

loans

is

decision

1998,

individual

allowed

court

arbitrator's

Columbia,
(Doc. 4.1

foreclosure.

In

the

that

of

District

claims.

Columbia

who alleged

applications

of

of

the

prevent

the

into

underlying

the

for

Court

would allegedly

District

farmers

District

background

understand

for

the

granted,

if

A brief
to

in

filed

court
2OL4-

(Id. )
Abrams,

On
Jr.

dismissing
ordered

the

(Id.)

r
the late
father,
by their
The land at issue was given to Plaintiffs
LuciousAbrams,sr.("Mr.Abrams").Mr.AbramsrthroughaPartnershipwith
Abrams, and R.C. Abrams
Herbert
sons, Lucj.ous Abrams, Jr.,
of his
three
The partnership
known as Lucious Abrams, Sr. & Sons.
operated a partnership
farrn's
of
the
operation
the
in
to
assist
loans
farm
federal
received
complaint
Lucious Abrams, Jr. and R.C. Abrams brought an identical
business.
in the Superior Court of Burke County, which was also removed to this Court.
See Lucious Abrams, Jr. 6, R.C. Abrams v. C. Brian Stuckev, No. 1:L4-cv-190,
Doc. 1 (S.D. Ga. 20I4r.

2

II.

As

preliminary

a

Southern

District

property

that

matter,

of

is

the

an action

transfer

been brought
the

"If]or

or

any other

a two-part

parties

of

in

must

determine

the

alternate

have been brought

Court

Court

been brought

in

justice,

part,

this

action

District

LLC v.
(S.D.

Fla.

Am. LLC, 994 F.

Sony Computer Entm't
("An

2074)

transferee

over

amenable

to

Personal

and

District

of

transfer

and

contract

subject

sued
the

(N.D.

Kuwait
Ga.

ds
an

2OO9;

agency

of

Link

(trAn

individual

and

initially
Tech

subject

United

matter
are

forum. ")
in

the

consented

to

the

in

States

28

u.S.c.

Co. ,

594 F.

may

a

proper

both

(1)

in

parties

transferee

are

L272-13

brought

the

the

Transp.

have

and the

have

Plaintiffs

relationship.

e Gulf

been

the

transfer.

proper,

in

(2)

SuPp. 2d L268,

has

jurisdiction

matter

Columbia,

governs

process

of

this

parties

require

district

venue is

action,

service

(2)

Baragona v.
1360

the

thus

if

and

of

could

the

inquiry

venue;

have

might

that

if

district

jurisdiction

action

in

See Game Contro]ler

Columbia.

of

may

may have

determine

convenience

of

first

the

the

interest

as the

the

Addressing

whether

must

this

court

Iand]

This

the

of

have consented

witnesses

(1)

could

in

action

parties

aI1

the

part

a district.

where the

and

in

situated"

28 U.S.C. S 1404(a).

analysis:

as well

is

action

which

venue

that

a "substantial

Even sor

to

action

witnesses,

the

notes
as

district

any district

justice[.]"

requires

of

S 1391(b) (2).

convenience

of

Court

proper,

is

subject

to

to

interest

the

Georgia

28 U.S.C.

district.

DISCUSSION

which

a

S 1346(al(2);
Supp.

voluntarily

2d 1351'
subject

hirnself

to

contract

in

advance

in

headquartered
(venue is

in

the

transfer

is

this

Court

and

Columbia,

Gonzalez
*1

is

for

shall

. and

ttre

to

liqht

transfer

TRAIISEER this

to

District

terminate

all

ORDER ENITRED at

to

TRO are

in

that
and
being

is

thus
of

District

order

time,

conserve

facts

TRO

the
in

and

presently

The

proper

LLC, No.

Tire

the

Here,

action

transfer

forum

Court

avoid

"to

energlr

and

2008 WL

07-80453-CIV,

Feb. 22, 2008).

and in

motion

DIRECTED

CourL

finds

S 1391(e) (1)

District

convenient

the

pending

Pirelli

(S.D, Fla.

Accordingly,
Defendant's

v.

for

USDA is

resides).

States

Columbia.

of

inconvenience

unnecessary

516847, at

basis

may
given

a

the

U.S.C.

justice.

of

the

to

28

or

of

because

United

the

a more

is

District

tied

inextricably

money."

the

form

See

that

interest

the

in

Iitigated

the

proper

IS

appearance

where a defendant

Columbia

that

circumstances

finds

by

j urisdiction

t.he

D.C.

any district

of

in

to

venue

Court

District

court

submit

to

Washington,

proper

Fina11y,
the

of

Additionally,

court.").

for

jurisdiction

the

of

of

venue is
case

to

CoJ.umbia.

deadlines
Augusta,

consent

Plaintiffs'
hereby
the

and motions,

GRA$IIED.

United

Fo1lowing

to

transfer'
The Clerk

States

transfer,

Distriet
the

and CLOSE this

case.

ou, of october,

Georgia,

t

UNITED

RICT JUDGE
TES D
D I S T R I C T OF GEORGIA

E

Clerk

2014 "