Deli Star Corp, Inc v. W.A. Kretch Co. LLC, et al

Filing 16

MEMORANDUM AND ORDER, The Court GRANTS Deli Stars motion to transfer (Doc. 14 ) and TRANSFERS this case pursuant to 28 U.S.C. § 1406(a) to the United States District Court for the Middle District of Florida. Signed by Judge J. Phil Gilbert on 4/29/2015. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DELI STAR CORP., INC.,
Plaintiff,
v.

Case No. 15-cv-224-JPG-DGW

W.A. KRETCH CO., LLC, d/b/a Café Favorites;
CEM ENTERPRISES, LLC; CEM
ENTERPRISES 1, LLC; and LEN
KRETCHMAN,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the defendants’ motion to dismiss pursuant to
Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction (Doc. 10). In response,
plaintiff Deli Star Corp., LLC, (“Deli Star”) asks the Court to transfer this case pursuant to 28
U.S.C. § 1406 to the United States District Court for the Middle District of Florida, which Deli
Star believes would have personal jurisdiction over all defendants (Doc. 14). The defendants
have not responded to Deli Star’s motion, and the Court has verified via e-mail that it will not file
an objection to the transfer. Because all parties are amenable to a transfer, the Court GRANTS
Deli Star’s motion to transfer (Doc. 14) and TRANSFERS this case pursuant to 28 U.S.C.
§ 1406(a) to the United States District Court for the Middle District of Florida, where this case
could have been brought originally and where the court has jurisdiction over all parties. This
transfer renders MOOT the defendants’ motion to dismiss for lack of personal jurisdiction (Doc.
10).
IT IS SO ORDERED.
DATED: April 29, 2015
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE