Garner v. Publix Supermarket et al

Filing 3

ORDER transferring this action to the Atlanta Division of the U.S. District Court for the Northern District of Georgia. Signed by Judge Roy B. Dalton, Jr. on 7/25/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
VALENCIA RENA GARNER,
Plaintiff,
v.

Case No. 6:17-cv-1347-Orl-37GJK

PUBLIX SUPERMARKET;
DEPARTMENT OF PUBLIX HEALTH;
WIC PROGRAM; U.S. DEPARTMENT
OF TRANSPORTATION; MARTA;
ABORTION CLINIC; FEDERAL
POLICE; DAVID LAVALLEY; and
COLLEGE PARK POLICE CHIEF,
Defendants.
_____________________________________
ORDER
In the instant action, Plaintiff asserts claims arising from events that occurred in
Decatur, Georgia, Atlanta, Georgia, Ellenwood, Georgia, College Park, Georgia, and
Orlando, Florida. (Doc. 1.) Upon consideration, the Court finds that the action is due to
be transferred to the Atlanta Division of U.S. District Court for the Northern District of
Georgia.
Under 28 U.S.C. § 1391, a civil action may be brought in:
(1) a judicial district in which any defendant resides, if all
defendants are residents of the State in which the district is
located;
(2) a judicial district in which a substantial part of the events
or omissions giving rise to the claim occurred, or a substantial
part of the property that is the subject of the action is situated;
or
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(3) if there is no district in which an action may otherwise be
brought as provided in this section, any judicial district in
which any defendant is subject to the court’s personal
jurisdiction with respect to such action.
(“Federal Venue Statute”). According to the Complaint, Defendants are located in
Decatur, Georgia, Atlanta, Georgia, College Park, Georgia, and Washington D.C. (Doc. 1,
pp. 2–3.) Because Defendants are not all residents of the same state, subsection (1) of the
Federal Venue Statute is inapplicable. Turning then to subsection (2), it is clear that the
substantial part of the events giving rise to Plaintiff’s claims occurred in Georgia, not
Florida. (See generally Doc. 1.) 1
Accordingly, the Clerk is DIRECTED to transfer this action to the Atlanta Division
of the U.S. District Court for the Northern District of Georgia, which encompasses the
counties where a substantial part of the events alleged in the Complaint occurred. 2
DONE AND ORDERED in Chambers in Orlando, Florida, on July 25, 2017.

Subsection (3) of the Federal Venue Statute is a catchall provision, which only
applies if the two proceeding subsections are inapplicable. Such is not the case here.
2 See M.D. Ga. Local Rule 3.1B(3) (stating that any civil action brought in the
Northern District of Georgia on the ground that the cause of action arose there must be
filed in a division where the activity occurred).
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Copies to:
Counsel of Record

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