WHITE v. ONE ON ONE MARKETING LLC et al
ORDER denying 15 Motion to Change Venue. This action is dismissed without prejudice for improper venue. 13 Motion for Protective Order is moot. Ordered by U.S. District Judge CLAY D LAND on 10/15/2014. (CGC)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ONE ON ONE MARKETING, LLC,
CASE NO. 4:14-CV-40 (CDL)
O R D E R
Plaintiff Nina White brought this action under the Telephone
Consumer Protection Act of 1991 § 3, 47 U.S.C. § 227.
resident of Savannah, Georgia.
U.S.C. § 90(c)(3).
Id. ¶ 4.
Compl. ¶ 1,
Savannah is in the
The Court thus ordered White to show cause why
this action should not be dismissed for improper venue.
Order, Oct. 6, 2014.
White now asks the Court to transfer this action pursuant to
28 U.S.C. § 1404(a) to the Eastern District of Virginia, where she
moved after the events giving rise to her Complaint.
1404(a) authorizes a district court to “transfer any civil action
explained why this action “might have been brought” in the Eastern
District of Virginia (which she did not), § 1404(a) is not the
correct vehicle for her request because it is undisputed that
venue is not proper in the Middle District of Georgia.
Dusen v. Barrack, 376 U.S. 612, 633 (1964) (noting that “§ 1404(a)
operates on the premises that the plaintiff has properly exercised
his venue privilege”); Moore’s Fed. Practice 3d § 111.02(1)(b)(1)
(2014) “Section 1404(a) . . . applies if venue is proper in the
White’s motion to transfer venue under §
1404(a) (ECF No. 15) is denied.
The Court observes that White did not seek transfer under the
transfer of an action filed “in the wrong division or district
. . . to any district . . . in which it could have been brought.”
Even if White had invoked § 1406(a), she did not clearly explain
why this action “could have been brought” in the Eastern District
In sum, it is clear that venue is not proper in this Court,
and White has not established that transfer is permitted under any
other statutory provision.
Accordingly, this action is dismissed
IT IS SO ORDERED, this 15th day of October, 2014.
S/Clay D. Land
CLAY D. LAND, CHIEF JUDGE
UNITED STATES DISTRICT COURT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?