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)

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