Womack Electric Company, Inc. v. Curry Controls Company, Inc.

Filing 5

ORDER: The Clerk is directed to transfer this case to the United States District Court for the Northern District of Georgia, Atlanta Division. After transfer has been effected, the Clerk shall close the case. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 7/1/2013. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
WOMACK ELECTRIC COMPANY, INC.,
Plaintiff,
v.

Case No.

8:13-cv-1624-T-33TBM

CURRY CONTROLS COMPANY, INC.,
Defendant.
______________________________/
ORDER
This matter comes before the Court sua sponte.

On June

21, 2013, Curry Controls Company removed this action from the
Superior Court of DeKalb County, Georgia to this Court on the
basis of diversity jurisdiction. (Doc. # 1).

However, 28

U.S.C. § 1441(a) provides: “[A]ny civil action brought in a
State court of which the district courts of the United States
have original jurisdiction, may be removed by the defendant or
defendants, to the district court of the United States for the
district and division embracing the place where such action is
pending.” (Emphasis added).
Removal of a DeKalb County, Georgia case to this Court is
improper under the aforementioned statute.

In the interests

of justice, pursuant to 28 U.S.C. § 1406(a), the Court
transfers this action to the United States District Court for
the Northern District of Georgia, Atlanta Division, as that is
the district and division embracing DeKalb County, Georgia.

Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

The Clerk is directed to transfer this case to the United
States

District

Court

for

the

Northern

District

of

Georgia, Atlanta Division.
(2)

After transfer has been effected, the Clerk shall close
the case.
DONE and ORDERED in Chambers, in Tampa, Florida, this 1st

day of July, 2013.

Copies:

All Counsel of Record

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