GLF Construction Corporation v. FEDCON Joint Venture et al

Filing 36

ORDER AND REASONS denying #35 Motion to lift the stay in part and transfer. This matter remains administratively closed pending the stay. Signed by Judge Sarah S. Vance on 9/8/2017. (cg)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA UNITED STATES OF AMERICA for the use and benefit of GLF CONSTRUCTION CORPORATION VERSUS CIVIL ACTION NO. 16-13022 FEDCON JOINT VENTURE, ET AL. SECTION “R” (4) ORDER AND REASONS Before the Court is the parties’ joint motion to lift the stay in part and transfer.1 The Court granted defendants’ motion to stay pending the completion of contractual dispute resolution procedures. 2 The stay applies to all claims in this action. 3 The parties now propose to lift the stay as to certain claims and transfer those claims to the Middle District of Florida. The parties cite no authority permitting the Court to slice up a case in this fashion. To the contrary, the venue statute permits transfer of a “civil action to any district . . . to which all parties have consented.”4 28 U.S.C. § 1404(a) R. Doc. 35. R. Doc. 25. 3 See R. Doc. 34 at 5-9 (rejecting plaintiff’s argument that the stay should not apply to the entire action). 4 The Court does not decide the propriety of transferring this entire action “[f]or the convenience of parties and witnesses [and] in the interest of justice.” 28 U.S.C. § 1404(a). 1 2 (emphasis added); see also Chrysler Credit Corp. v. Country Chrysler, Inc., 928 F.2d 1509, 1518 (10th Cir. 1991) (“Section 1404(a) only authorizes the transfer of an entire action, not individual claims.”). The Court DENIES the parties’ motion. This matter remains administratively closed pending the stay. 8th New Orleans, Louisiana, this _____ day of September, 2017. _____________________ SARAH S. VANCE UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?