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