United States for the Use and Benefit of Nineteenth Century Restoration, LLC v. The Renew Group, Inc. et al

Filing 14

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the parties' joint motion to transfer venue to the United States District Court for the District of Kansas is GRANTED. (Doc. No. 10) IT IS FURTHER ORDERED that the Clerk of Court shall take all necessary steps to transfer this case to the United States District Court for the District of Kansas. Signed by Honorable Audrey G. Fleissig on 2/7/2012. (KSM) [Transferred from Missouri Eastern on 2/8/2012.]

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
UNITED STATES FOR THE USE AND
)
BENEFIT OF NINETEENTH CENTURY )
RESTORATION, LLC, et al.,
)
)
Plaintiffs,
)
)
vs.
)
)
THE RENEW GROUP, INC., et al.,
)
)
Defendants.
)

Case No. 4:11CV01974 AGF

MEMORANDUM AND ORDER
This matter is before the Court on the parties’ joint motion to transfer venue of this
case to the United States District Court for the District of Kansas. This lawsuit relates to
a construction contract dispute between Nineteenth Century Restorations, LLC (“NCR”)
and The Renew Group, Inc. (“Renew”) and its surety, Allegheny Casualty Company,
regarding a construction project in Macon, Missouri.
Title 28 U.S.C. § 1404(a) provides that, “[f]or 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.” 28 U.S.C. § 1404(a).
Some of the factors that a court considers in ruling on a motion for transfer include the
convenience of the parties, the convenience of the witnesses, and the accessibility to
records and documents. Terra Intl., Inc. v. Miss. Chem. Corp., 119 F.3d 688, 696 (8th
Cir. 1997).

The parties assert that this action could have been brought in the District of Kansas
and that that is an appropriate venue because both NCR and Renew’s principal places of
business are located within that judicial district. In addition, many of the documents and
witnesses in this action are located in Kansas, making the District of Kansas a more
convenient venue for the parties and witnesses.
Upon review of the record,
IT IS HEREBY ORDERED that the parties’ joint motion to transfer venue to the
the United States District Court for the District of Kansas is GRANTED. (Doc. No. 10.)
IT IS FURTHER ORDERED that the Clerk of Court shall take all necessary steps
to transfer this case to the United States District Court for the District of Kansas.
Dated this 7th day of February, 2012.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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