In Re: Request for International Judicial Assistance

Filing 10

ORDER granting 8 Motion to transfer. Signed by Judge William T. Moore, Jr on 2/24/16. (bcw)

U.S. 9!JOT COURT

Div.
IN THE UNITED STATES DISTRICT
'OR
THE SOUTHERN DISTRICT OF GEO1&tfIt 24 A M II: 37
SAVANNAH DIVISION
CLERK_
IN RE: REQUEST
)
FOR INTERNATIONAL JUDICIAL
ASSISTANCE FROM THE LOCAL
) CASE NO. MC415-002
COURT OF AMBERG, GERMANY
~ 11

ORDER

Before the Court is the Government's Motion to
Transfer. (Doc. 8.) In this motion, the Government notes
that upon filing this case, it believed Mr. Robert Williams
resided in Savannah, Georgia and venue to be proper pursuant
to 28 U.S.C. § 1782. However, it has now come to light that
Mr. Williams resides near Atlanta, Georgia. (Doc. 8.) As a
result, the Government now seeks a transfer of this case to
the Northern District of Georgia pursuant to 28 U.S.C.
§ 1404(a), which provides that a district court may transfer
a civil action to another district for the convenience of
the parties and witnesses and in the interest of justice.
(Id. at 2.) Because a proceeding pursuant to 28 U.S.C.
§ 1782 is appropriate only when 'the person from whom
discovery is sought

.

.

.

reside[s] or [is] found in the

district of the district court ruling on the application for
assistance," venue is not proper in this district.
Accordingly, the Government's motion is GRANTED and the
Clerk of Court is

DIRECTED

to TRANSFER this case to the

United States District Court for the Northern District of
Georgia, Atlanta Division. Upon transfer, the Clerk of Court
is DIRECTED to close this case.
SO ORDERED this

day of February 2016.

77
WILLIAM T. MOORE, JR.
UNITED STATES DISTRIC COURT
SOUTHERN DISTRICT OF GEORGIA

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