Alfenas v. Pantera Partnership et al

Filing 3

UNOPPOSED MOTION to transfer case (VENUE) to the Eastern District of Michigan with memorandum in support, certificate of service by plaintiff Leif Alfenas; (Attachments: # 1 Attachment Index of Exhibits# 2 Exhibit Correspondence dated Sept. 18, 2007# 3 Exhibit Certification of Counsel (Sept. 18, 2007).)(Grimm, Eric) Modified text on 9/21/2007 (rlw, ).

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Alfenas v. Pantera Partnership et al Doc. 3 Case 1:07-cv-00749-RAE Document 3 Filed 09/21/2007 Page 1 of 6 1 2 3 4 v s. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN LEIF ALFENAS, P la in tif f , Case No. 1:07-cv-749 PANTERA PARTNERSHIP, a common-law partnership; VINCENT PAUL ABBOTT; PHILIP HANSON ANSELMO; REX ROBERT BROWN; and ESTATE OF DARELL LANCE ("DIMEBAG DARRELL") ABBOTT, individually and severally, D e f e n d a n ts . ERIC C. GRIMM (P58990) WILLIAMS, HUGHES, & COOK, PLLC 120 W. Apple Avenue, P.O. Box 599 Muskegon, MI 49443-0599 (231) 728-1111 Fax: (231) 727-2130 Email: egrimm@whcspc.com Attorneys for Plaintiff. ______________________________________________________________________/ UNOPPOSED MOTION TO TRANSFER VENUE Plaintiff, Mr. Leif Alfenas, through his attorneys WILLIAMS, HUGHES & COOK, PLLC, under 28 U.S.C. 1404(a), 1406, respectfully moves to transfer venue to the U.S. District Court for the Eastern District of Michigan, to enable this civil action to be consolidated with Civil Action No. 2:2007-cv-13244 (E.D. Mi. filed Aug. 3, 2007). This Motion is unopposed. The reasons supporting this Motion are set forth in the Supporting Memorandum, which commences on the next page. WILLIAMS, HUGHES, & COOK, PLLC 120 W. Apple Avenue, P.O. Box 599 Muskegon, MI 49443-0599 MOTION TO TRANSFER VENUE Hon. Richard Alan Enslen United States District Judge Dockets.Justia.com Case 1:07-cv-00749-RAE Document 3 Filed 09/21/2007 Page 2 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SUPPORTING MEMORANDUM Plaintiff, Mr. Leif Alfenas, under 28 U.S.C. 1404(a), 1406, respectfully moves to transfer venue to the U.S. District Court for the Eastern District of Michigan, to enable this civil action to be consolidated with Civil Action No. 2:2007-cv-13244 (E.D. Mi. filed Aug. 3, 2007). This Motion is unopposed. In support of this Motion to Transfer Venue, Mr. Alfenas respectfully states: 1. This Declaratory Judgment action, under 28 U.S.C. 2201(a) (the "Dec Action"), commenced on August 2, 2007, against five (5) Defendants: (1) Vincent Abbott; (2) Anselmo; (3) Brown; (4) Estate of Darrell Abbott; and (5) Pantera Partnership. 2. The following day, August 3, 2007, Defendant No. 5 (Pantera Partnership), commenced an action in the U.S. District Court for the Eastern District of Michigan, against Mr. Leif Alfenas (the Plaintiff in this action), involving essentially the same issues and the same subject-matter as the Dec Action. See Pantera Partnership v. Alfenas, C.A. No. 2:2007cv-13244 (E.D. Mi. filed Aug. 3, 2007). 3. All parties to both lawsuits, through their respective legal representatives, have voluntarily stipulated and agreed to transfer the Dec Action (this case) from Kalamazoo to the Eastern District of Michigan, so that the Dec Action may promptly be consolidated with the later-filed case Pantera Partnership v. Alfenas, C.A. No. No. 2:2007-cv-13244 (E.D. Mi. filed Aug. 3, 2007), for the convenience of parties and witnesses, and the promotion of judicial economy. 4. Solely on the condition that venue is transferred to the Eastern District of Michigan, Defendant (1) Vincent Abbott has voluntarily consented to venue and to personal jurisdiction in the Eastern District of Michigan, and has voluntarily waived service WILLIAMS, HUGHES, & COOK, PLLC 120 W. Apple Avenue, P.O. Box 599 Muskegon, MI 49443-0599 MOTION AND SUPPORTING MEMORANDUM TO TRANSFER VENUE Page 2 of 6 Case 1:07-cv-00749-RAE Document 3 Filed 09/21/2007 Page 3 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of Summons. All parties have agreed that an Answer shall be due from Mr. Abbott sixty (60) days after the Transfer of Venue becomes effective. 5. Solely on the condition that venue is transferred to the Eastern District of Michigan, Defendant (2) Philip Anselmo has voluntarily consented to venue and to personal jurisdiction in the Eastern District of Michigan, and has voluntarily waived service of Summons. All parties have agreed that an Answer shall be due from Mr. Anselmo sixty (60) days after the Transfer of Venue becomes effective. 6. Solely on the condition that venue is transferred to the Eastern District of Michigan, Defendant (3) Rex Brown has voluntarily consented to venue and to personal jurisdiction in the Eastern District of Michigan, and has voluntarily waived service of Summons. All parties have agreed that an Answer shall be due from Mr. Brown sixty (60) days after the Transfer of Venue becomes effective. 7. Solely on the condition that venue is transferred to the Eastern District of Michigan, Defendant (4) Estate of Darrell Abbott has voluntarily consented to venue and to personal jurisdiction in the Eastern District of Michigan, and has voluntarily waived service of Summons. All parties have agreed that an Answer shall be due from the Estate of Mr. Abbott, sixty (60) days after the Transfer of Venue becomes effective. 8. Solely on the condition that venue is transferred to the Eastern District of Michigan, Defendant (5) Pantera Partnership has voluntarily consented to venue and to personal jurisdiction in the Eastern District of Michigan, and has voluntarily waived service of Summons. All parties have agreed that an Answer shall be due from Pantera Partnership, sixty (60) days after the Transfer of Venue becomes effective. 9. On the condition that this Motion is GRANTED, Plaintiff Leif Alfenas has MOTION AND SUPPORTING MEMORANDUM TO TRANSFER VENUE WILLIAMS, HUGHES, & COOK, PLLC 120 W. Apple Avenue, P.O. Box 599 Muskegon, MI 49443-0599 Page 3 of 6 Case 1:07-cv-00749-RAE Document 3 Filed 09/21/2007 Page 4 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 voluntarily consented to waive service of Summons in Pantera Partnership v. Alfenas, C.A. No. No. 2:2007-cv-13244 (E.D. Mi. filed Aug. 3, 2007). Personal jurisdiction and venue already are established because Alfenas filed this lawsuit and also has filed this Motion to Transfer Venue. All parties have agreed that an Answer shall be due from Mr. Alfenas, sixty (60) days after the Transfer of Venue becomes effective. 10. Such a Transfer of Venue is proper, and within the authority of this Court, under 28 U.S.C. 1404(a), and 1406. 11. Immediately upon the assignment of a civil action number to this case, by the Eastern District of Michigan, the parties shall jointly notify Chief Judge Friedman (before whom Pantera Partnership v. Alfenas, C.A. No. No. 2:2007-cv-13244 (E.D. Mi. filed Aug. 3, 2007), is pending), and whichever judge is assigned the Dec Action (this case), posttransfer, that the two cases are related. All parties already have jointly stipulated and agreed, post-transfer, to submit a Joint Motion to Consolidate the two related cases. PRAYER FOR RELIEF Plaintiff prays that this Unopposed Motion be GRANTED. Dated the 18th day of SEPTEMBER, 2007 By : /s/ Eric C. Grimm ERIC C. GRIMM (P58990) WILLIAMS, HUGHES, & COOK, PLLC 120 W. Apple Avenue, P.O. Box 599 Muskegon, MI 49443-0599 (231) 728-1111 Fax: (231) 727-2130 Email: egrimm@whcspc.com WILLIAMS, HUGHES, & COOK, PLLC 120 W. Apple Avenue, P.O. Box 599 Muskegon, MI 49443-0599 MOTION AND SUPPORTING MEMORANDUM TO TRANSFER VENUE Page 4 of 6 Case 1:07-cv-00749-RAE Document 3 Filed 09/21/2007 Page 5 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 CERTIFICATION BY COUNSEL FOR DEFENDANTS I declare under penalty of perjury, 28 U.S.C. 1746, that I have been retained by Pantera Partnership and its individual members, and that I have authority to consent to the relief requested in the Plaintiff's Unopposed Motion to Transfer Venue. Pantera Partnership; Vincent Paul Abbott; Philip Hanson Anselmo; Rex Robert Brown; and the Estate of Darell Lance Abbott, through authorized counsel, each respectfully consents to and does not oppose, the relief requested in said Motion. "I declare under penalty of perjury that the foregoing is true and correct. Executed on September __, 2007. ___________________________ Howard Hertz (P26653) Derek D. McLeod (P66229) HERTZ SCHRAM, PC 1760 S. Telegraph, Suite 300 Bloomfield Hills, MI 48302 Telephone: (248) 335-5000 Facsimile: (248) 335-3346 Email: hhertz@hertzschram.com Attorneys for Defendants. E X E C U T E D CERTIFICATION ATTACHED AS EXHIBIT 3 IS WILLIAMS, HUGHES, & COOK, PLLC 120 W. Apple Avenue, P.O. Box 599 Muskegon, MI 49443-0599 MOTION AND SUPPORTING MEMORANDUM TO TRANSFER VENUE Page 5 of 6 Case 1:07-cv-00749-RAE Document 3 Filed 09/21/2007 Page 6 of 6 1 2 3 4 5 6 7 8 9 CERTIFICATE OF FILING I certify that the foregoing Unopposed Motion to Transfer Venue was filed, using the ECF System of the U.S. District Court for the Western District of Michigan, on the 21st day of September, 2007. __/s/ Eric C. Grimm____________ ERIC C. GRIMM (P58990) WILLIAMS, HUGHES, & COOK, PLLC 120 W. Apple Avenue, P.O. Box 599 Muskegon, MI 49443-0599 (231) 728-1111 Fax: (231) 727-2130 Email: egrimm@whcspc.com Attorneys for Plaintiff. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WILLIAMS, HUGHES, & COOK, PLLC 120 W. Apple Avenue, P.O. Box 599 Muskegon, MI 49443-0599 CERTIFICATE OF SERVICE I certify that the foregoing Unopposed Motion to Transfer Venue was served on the following counsel of record for all Defendants, by first class mail, postage prepaid, and by electronic mail, on the 21st day of September, 2007: Howard Hertz (P26653) HERTZ SCHRAM, PC 1760 S. Telegraph, Suite 300 Bloomfield Hills, MI 48302 Telephone: (248) 335-5000 Facsimile: (248) 335-3346 Email: hhertz@hertzschram.com _____/s/ Eric C. Grimm________ ERIC C. GRIMM (P58990) WILLIAMS, HUGHES, & COOK, PLLC 120 W. Apple Avenue, P.O. Box 599 Muskegon, MI 49443-0599 (231) 728-1111 Fax: (231) 727-2130 Email: egrimm@whcspc.com Attorneys for Plaintiff. MOTION AND SUPPORTING MEMORANDUM TO TRANSFER VENUE Page 6 of 6

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