O'Steen et al v. Wells Fargo Bank, N.A. et al

Filing 71

ORDER: This action is transferred to the Orlando Division of the Middle District of Florida pursuant to Local Rules 1.02(c) and 1.02(e). The Clerk shall transfer the action according to its normal procedures and, once transfer is effected, CLOSE this case. Signed by Judge Virginia M. Hernandez Covington on 5/11/2017. (DRW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JULIE O’STEEN, et al.,
Plaintiffs,
v.

Case No. 8:16-cv-2993-T-33MAP

WELLS FARGO BANK, N.A., et al.,
Defendants.
_____________________________/
ORDER
This matter comes before the Court sua sponte. On October
24, 2016, Plaintiffs filed this action in the Tampa Division
of the Middle District of Florida. (Doc. # 1). In their
Complaint, Plaintiffs alleged in a general fashion that one
or more of the Defendants resided within the Middle District.
See, e.g., (Id. at ¶¶ 6, 8). The Amended Complaint follows
the first Complaint’s manner of generally alleging facts as
to venue. (Doc. # 43). Accepting the allegations at face
value, the Court allowed the action to proceed within the
Tampa Division.
Then, on April 28, 2017, two Defendants moved to strike
Plaintiffs’ jury demand, which for the first time indicated
the underlying property to this action was located in Brevard
County, Florida. (Doc. # 64 at 2). In light of this new

information, the Court ordered Plaintiffs to show cause why
this action should not be transferred to the Orlando Division,
which encompasses Brevard County, pursuant to Local Rules
1.02(c)

and

1.02(e).

(Doc.

#

68).

Plaintiffs

timely

responded. (Doc. # 70). Notably, Plaintiffs “would not object
to a transfer to the Orlando Division if this Court deems
such a transfer to be in the interests of justice.” (Id. at
¶ 8).

Local

Rule

1.02(c)

prescribes

that

“[a]ll

civil

proceedings . . . shall be instituted in that Division
encompassing the county . . . having the greatest nexus with
the cause, giving due regard to the place where the claim
arose and the residence or principal place of business of the
parties.” Here, the claim arose from conduct relating to
property located in Brevard County. Moreover, Plaintiffs
reside within Brevard County. And Plaintiffs’ reliance on 28
U.S.C. §§ 1391(c) and (d) does not persuade the Court that
venue properly lies in the Tampa Division because those
sections,

by

their

plain

terms,

address

the

district—as

opposed to the division—in which an artificial entity is
deemed to reside.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:

2 

(1)

This action is transferred to the Orlando Division of
the Middle District of Florida pursuant to Local Rules
1.02(c) and 1.02(e).

(2)

The Clerk shall transfer the action according to its
normal procedures and, once transfer is effected, CLOSE
this case.
DONE and ORDERED in Chambers in Tampa, Florida, this

11th day of May, 2017.

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