Rigsby v. Shawneetown Harbor Service, Inc.

Filing 46

ORDER denying without prejudice 43 Motion to Change Venue. Signed by Judge David R. Herndon on 3/11/15. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BILL RIGSBY,
Plaintiff-Counter-Defendant
v.

No. 14-0676-DRH

SHAWNEETOWN HARBOR SERVICE
INC.,
Defendant/Counter-Plaintiff
AND
INDUSTRIAL MARINE SERVICES,
Defendant.

MEMORANDUM and ORDER

HERNDON, District Judge:
Now before the Court is plaintiff’s motion to change of venue (Doc. 43).
Specifically, plaintiff moves the Court to change venue from the East Saint Louis
Courthouse to the Benton Courthouse arguing that the Benton "Division" is more
convenient as all of the parties reside in Gallatin County, Illinois which is located
near the Benton Courthouse, that most of the witnesses reside in Gallatin County
and that plaintiff has serious back injuries which make it hard to travel over 45
Page 1 of 3

miles in car.

Defendants oppose the motion (Doc. 44).

Based on the following,

the Court denies without prejudice the motion as defendant is correct that the
Southern District of Illinois does not have separate divisions.
28 U.S.C. § 1404(a) provides:
For the convenience of the parties and witnesses, in the interest of
justice, a district court may transfer any civil action to any other
district or division where it might have been brought or to any district
of division to which all parties have consented.
28 U.S.C. § 1404(a).

And 28 U.S.C. § 1404(b) provides in part:

Upon such motion, consent or stipulation of all parties, any action,
suit or proceeding of a civil nature or any motion or hearing thereof,
may be transferred, in the discretion of the court, from the division in
which pending to any other division in the same district….
Clearly, section 1404 allows transfer of a case to another division within the
same district. However, section 1404 does not apply to the Southern District of
Illinois since East Saint Louis and Benton do not constitute separate divisions.

See 28 U.S.C. § 93 (creating two separate divisions for the Northern District of
Illinois but not for either the Central District of Illinois or the Southern District of
Illinois). The Court notes that during the Final Pretrial Conference, plaintiff may
re-raise this issue if there is a compelling reason to conduct the trial at the Benton
Courthouse. In addition to a compelling reason, the Court will consider whether it
is logistically feasible given the business of the Benton Courthouse, the availability
of courtroom space at the Benton Courthouse (where two Article III judges, each
carrying a 100% caseload, and a Magistrate Judge work, all with active trial
dockets), the convenience to the parties and witnesses, and any other
Page 2 of 3

consideration.
Accordingly, the Court DENIES without prejudice plaintiff’s motion to
change venue (Doc. 43).
IT IS SO ORDERED.

Digitally signed by
David R. Herndon
Date: 2015.03.11
10:00:16 -05'00'

Signed this 11th day of March, 2015.

United States District Judge

Page 3 of 3