Hajicek v. Werner Enterprises Inc et al

Filing 47

OPINION AND ORDER transferring case to the Western District of Texas. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/30/17. (Copy mailed to pro se party)(mlc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION

DEBRA HAJICEK as Personal
Representative of the Estate of Ronald Ruiz,
Deceased,
Plaintiff,
v.
WERNER ENTERPRISES, et al.,
Defendants.

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CAUSE NO. 3:16-CV-826-JD-MGG

OPINION AND ORDER
On October 19, 2017, this Court raised jurisdictional and venue issues through its sua
sponte Opinion and Order. [DE 45]. In compliance with the Order, Plaintiff timely filed her
Brief on Jurisdiction and Venue on November 3, 2017. [DE 46]. In her brief, Plaintiff provided
a facially adequate allegation of the citizenship of the decedent Ronald Ruiz addressing the
Court’s question regarding subject matter jurisdiction. [Id. at 1]. Based on the assumption that
the United States District Court retains jurisdiction in this case, Plaintiff further conceded that
venue is proper in the Western District of Texas rather than in this District. [Id. at 2]. Defendant
Stanley Polk, proceeding pro se, filed nothing in response to Plaintiff’s Brief leading the Court to
assume that Polk does not object to Plaintiff’s jurisdictional and venue conclusions.
The Court agrees with Plaintiff that venue is not proper here in the Northern District of
Indiana. According to Plaintiff’s Amended Complaint filed on February 9, 2017, the judicial
district in which a “substantial part of the events or omissions giving rise to [Plaintiff’s] claim
occurred” is the Western District of Texas. 28 U.S.C. § 1391(b)(2). Moreover, Polk has neither
objected to Plaintiff’s assessment that venue is proper in Texas under Section 1391 nor explicitly

consented to venue in this district to justify maintaining the case here. See De La Fuente v.
I.C.C., 451 F. Supp. 867, 870 (N.D. Ill. 1978).
Accordingly, the Court ORDERS that this case be transferred to the Western District of
Texas pursuant to 28 U.S.C. § 1404(a) because venue is proper in that district and this case could
have been brought there originally.
SO ORDERED.
Dated this 30th day of November 2017.
s/Michael G. Gotsch, Sr.
Michael G. Gotsch, Sr.
United States Magistrate Judge

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