Butler v. The Goodyear Tire & Rubber Company

Filing 99

ORDER dismissing 16 Motion to Change Venue. Signed by Judge William T. Moore, Jr on 9/29/14. (bcw)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

COREY M. BUTLER,
Plaintiff,
)

V.

CASE NO. CV413 - 235

THE GOODYEAR TIRE & RUBBER
)
COMPANY; COOPER TIRE & RUBBER )CIO
COMPANY; and GE CAPITAL FLEET )
SERVICES, INC.;
)
Defendants.

)
ORDER

Before the Court is Defendant Goodyear Tire & ubber
Company's ("Goodyear") Motion to Transfer Venue.
16.)

(Doc.

In the motion, Defendant Goodyear seeks to transfer

this case to the United State District Court for the
Northern District of Georgia. According to Defendant
Goodyear, this case should have been brought in the State
Court of Gwinnett County. (Id. at 2.) However, Plaintiff
improperly filed suit in the State Court of Chatham County.
(Id.) Rather than seek immediate transfer of the State
Court action, Defendant Goodyear has elected to remove the
case to this Court (Doc. 1) and then seek transfer. (Id.)
Plaintiff opposes any transfer. (Doc. 19.)
Subsequent to Defendant Goodyear filing its motion,
Plaintiff twice amended his complaint by adding additional

parties and claims.

(Doc. 38; Doc. 57.) In light of these

amendments, the Court concludes that the prudent course is
to dismiss as moot the pending Motion to Transfer Venue and
permit any Defendant, should it so desire, to ref ile any
such motion. This will allow Defendants to argue for
transfer based on the inclusion of the additional parties
and claims, and permit Plaintiff to respond accordingly.
Therefore, Defendant Goodyear's Motion to Transfer Venue
(Doc. 16) is

DISMISSED AS MOOT.

Defendants shall have

thirty days from the date of this order to file any motion

seeking transfer should they become so inclined.
SO ORDERED this

çay of September 2014.

WILLIAM T.MOORJR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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