Interstate Chemical Company, Inc. v. Ingram Barge Company et al

Filing 30

MEMORANDUM ORDER denying 15 Motion to Dismiss; granting 24 Motion to Dismiss or, in the Alternative, to Transfer; and adopting 29 Report and Recommendation of Magistrate Judge Mitchell as the opinion of the Court. This case shall be transferred forthwith to the U.S. District Court for the Eastern District of Louisiana. Signed by Judge David S. Cercone on 4/14/14. (njt) Modified on 4/16/2014 to correct document linkage to document 15 . (ksa) [Transferred from pawd on 4/16/2014.]

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

INTERSTATE CHEMICAL CO., INC,
Plaintiff,
vs.
INGRAM BARGE CO., and T.T.
COATINGS, INC.,
Defendants.

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2:13cv1298
Electronic Mail

MEMORANDUM ORDER

Plaintiff, Interstate Chemical Company, Inc., commenced this action on September 5,
2013. The case was referred to United States Magistrate Judge Robert C. Mitchell for pretrial
proceedings in accordance with Magistrate Judges Act, 28 U.S.C. § 636(b)(l) and Local Rules of
Court 72.C and 72.D.
The Magistrate Judge's Report and Recommendation [ECF No. 29], filed on March 25,
2014, recommended that Defendant T. T. Coatings, Inc.'s Motion to Dismiss for Lack of
Jurisdiction and Improper Venue be denied and Defendant Ingram Barge Company's Motion to
Dismiss for Improper Venue, or in the Alternative, to Transfer be granted. Service of the Report
and Recommendation was made on all counsel of record. The parties were informed that in
accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(l)(B) and (C), and Local Rule of
Court 72.D.2, they had until April 8, 2014 to file any objections. No objections have been filed.
After a de novo review of the pleadings and documents in this case, together with the
Report and Recommendation, and pleadings thereto, the following order is entered:

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AND NOW this

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day of April, 2014,

IT IS HEREBY ORDERED that Defendant T.T. Coatings, Inc.'s Motion to Dismiss for
Lack of Jurisdiction and Improper Venue [ECF No. 15] is DENIED.
IT IS FURTHER ORDERED that Defendant Ingram Barge Company's Motion to
Dismiss for Improper Venue, or in the Alternative, to Transfer the Amended Complaint [ECF
No. 24] is GRANTED.
IT IS FURTHER ORDERED that this action be transferred forthwith to the United States
District Court for the Eastern District of Louisiana pursuant to 28 U.S.C. § 1406(a).
IT IS FURTHER ORDERED that the Report and Recommendation of Magistrate Judge
Robert C. Mitchell is hereby adopted as the Opinion of the District Court.

David Stewart Cercone
United States District Judge

cc:

Honorable Robert C. Mitchell
United States Magistrate Judge
Kevin C. Harkins, Esquire
Leah R. Imbrogno, Esquire
Todd M. Powers, Esquire
Stephen M. Larzelere, Sr., Esquire.
(Via CMIECF Electronic Mail)

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