LANHAM v. SULLIVAN et al
Filing
10
ORDER granting 8 Joint Motion to Transfer Venue. The Clerk shall transfer this case to the U.S. District Court for the Middle District of GA, Macon Division. The Court directs the Clerk to terminate all deadlines and motions and close this case. Signed by Judge J. Randal Hall on 06/24/2015. (thb) [Transferred from gasd on 6/24/2015.]
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
WILLIE MARION LANHAM,
*
Plaintiff,
*
v.
*
JERRY SULLIVAN;
SULLIVAN
CV 115-082
*
TRANSPORTATION SERVICES;
and
*
OOIDA RISK RETENTION GROUP,
*
INC.,
*
Defendants.
*
ORDER
Presently before the Court is the parties'
Transfer
Venue
to
the
United
Middle District of Georgia,
reasons stated herein,
In
this
States
Joint Motion to
District
Macon Division.
Court
for
(Doc. 8.)
the
For the
the Court GRANTS the motion.
action,
Plaintiff
seeks
to
recover
for
injuries
that he incurred during an automobile collision with a tractor-
trailer in Dooly County,
4; Doc.
8 at
1.)
Georgia in February 2015.
Plaintiff initially filed suit
Court of Richmond County,
the
Georgia
(Doc.
the
1-1
case
(Doc.
matter
1.)
to
at
on
Georgia,
Motorist
3;
2.)
Doc.
8 at
diversity
the
grounds
parties
United
now
States
Act,
O.C.G.A.
Defendants
to
move
in
the
State
where he resides, pursuant to
Non-Resident
The
(Doc. 1-1 at
§
40-12-3.
subsequently removed
this
Court
on
June
the
Court
to
transfer
District
Court
for
3,
the
2014.
this
Middle
District of Georgia, Macon Division, on the grounds that venue
is proper in the Middle District and the Middle District is the
more convenient forum.
(Doc. 8 at 2.)
As a preliminary matter,
the Court notes that venue in the
Southern District of Georgia, Augusta Division,
removed actions,
is proper.
In
proper venue lies in "the district court of the
United States for the district and division embracing the place
where such action is pending."
County,
28 U.S.C. § 1441(a).
Plaintiff's initial choice of forum,
Richmond
is located in the
Augusta Division of the Southern District.
Even so,
a district court may transfer an action to any
other district where the action may have been brought or to any
district
to
convenience
justice[.J"
which
of
all
parties
parties
have
and witnesses
28 U.S.C. § 1404(a).
part analysis:
(1)
consented
[and]
in
the
"[f]or
the
interest
of
This inquiry requires a two-
the Court must determine if this action could
have been brought in the alternate venue;
determine whether the
and (2)
convenience of parties
the Court must
and witnesses,
as
well as the interest of justice, require transfer.
As
been
See
to
filed
Game
994 F.
the
in
first
the
2d 1268,
have been brought
subject
Middle
Controller
Supp.
matter
prong,
Tech
this
action
v.
Georgia,
Macon
Sony
Computer
Entm' t
1272-73 (S.D. Fla. 2014)
in a transferee district
jurisdiction
over
2
could
of
District
LLC
initially
the
have
Division.
Am.
LLC,
("An action might
if that district has
action,
venue
is
proper,
and the parties
are
amenable
transferee forum.")
to
service
of
process
in
the
Personal and subject matter jurisdiction
are proper in the Middle District of Georgia as (1) all parties
have
consented to
the
transfer,
and
(2)
the
accident
at
issue
occurred in Dooly County - which sits within the Macon Division.
See 28 U.S.C. § 1391(b)(2)
. . a judicial
events
or
district
omissions
Baragona v.
Kuwait
1351,
(N.D.
1360
("A civil action may be brought in .
in which a substantial
giving
rise
to
the
& Gulf Link Transp.
Ga.
2009)
("An
claim
Co.,
individual
part of the
occurred!.]");
594
F.
may
Supp.
2d
voluntarily
subject himself to the jurisdiction of a court by appearance or
may contract in advance to submit to the jurisdiction of a given
court.").
Finally,
Macon
the Court finds the Middle District of Georgia,
Division,
in
to
be
the
the
more
As
in
treatment
in nearby Bibb County, many of the fact and medical
Plaintiff
convenient
proximity
the
forum
to
(Id. at 2-3.)
avoid
parties
for
Atlanta
contend
any
the
Middle
out-of-state
Hartsfield-Jackson
accident
received
witnesses are located in the Middle District.
Moreover,
the
that
occurred
and
justice.
and
is
County
of
forum
transfer
Dooly
interest
convenient
(Doc.
District
witnesses
medical
8 at 2. )
is
a
given
International
more
its
Airport.
Therefore, the Court finds transfer is proper "to
unnecessary
inconvenience . . . and
to
conserve
time,
energy,
and money."
Gonzalez v. Pirelli Tire LLC, No. 07-80453-
CIV, 2008 WL 516847, at *1 (S.D. Fla. Feb. 22, 2008).
The Court thus GRANTS the parties' Joint Motion to Transfer
Venue.
(Doc.
8.)
The
Clerk
SHALL
TRANSFER
this
case
to
the
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA,
MACON DIVISION.
Following transfer,
the Court DIRECTS the Clerk
to TERMINATE all deadlines and motions and CLOSE this case.
ORDER ENTERED at Augusta, Georgia, this ^J/^day of June,
2015.
HONORfiBfcTM."RANDAL HALL
UNITED /STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA
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?