Brown v. Sullivan et al

Filing 84

ORDER directing the parties to file responses to the motions for summary judgment within 14 days - re 57 54 66 . (Compliance due by 7/13/2017). Signed by Chief Judge J. Randal Hall on 6/29/17. (cmr)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

BRANDON BROWN,

Plaintiff,

*

v.

CV

SAMUEL SULLIVAN, individually
and as acting President
of Paine College, and

115-035

*

*

PAINE COLLEGE,
*

Defendants.

ORDER

This

of

case

was

South Carolina

then,

both

briefs,

their

transferred

under

sides

have

Defendants

arguments.

§ 1404(a),

the

28

to

U.S.C.

moved

this

from

§ 1404(a).

for

summary

primarily

rely

But

a

when

Court

on

court

transferee court must

the

(Doc.

18.)

judgment.

Georgia

law

transfers
"apply the

a

District

Since

In
to

their

support

case

under

state law that

would have been applied if there had been no change of venue."
Van Dusen v.
this

under

case

was

Barrack,

376 U.S.

transferred

§ 1404(a),

the

Court

from

will

612,
the

639

(1964).

District

apply

South

of

Thus,
South

Carolina

deciding the parties' motions for summary judgment.

because
Carolina

law

when

Accordingly,

the

briefs as follows.

parties

are

instructed

to

refile

their

Within 14 days from the date of this order,

Defendants must file a consolidated brief in support of their
motion
motion

for
for

summary

judgment

summary

and

opposition

and

judgment,

in

Plaintiff

to

Plaintiff's

must

file

a

consolidated brief in support his motion for summary judgment
and

in opposition

to

These briefs should,
law.

They

assume

that

should
the

as noted,
also

Court

deciding the parties'

Defendants'

be

will

motion

for

summary

judgment.

apply appropriate South Carolina

comprehensive:

the

parties

rely primarily on these

should

briefs

when

motions.

ORDER ENTERED at Augusta, Georgia this s>?/^ day of June,
2017.

J. M^j HAL^; CHIEF JUDGE
UNITEpSTATES DISTRICT COURT
SOUTHERN

DISTRICT

OF GEORGIA