Cantrell v. General Motors, LLC et al

Filing 45

MEMORANDUM OPINION re 44 Order on Motion to Change Venue. Signed by Senior Judge Glen H. Davidson on 11/25/14. (rel)

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF MISSISSIPPI

ABERDEEN DIVISION

TIMOTHY BRYAN CANTRELL,
As the Administrator of the Estate of
Wanda Jean Watson, Deceased,
v.

PLAINTIFF
CIVIL ACTION NO.: 1:14-cv-00128-GHD-SAA

GENERAL MOTORS, LLC and
TRW VEHICLE SAFETY SYSTEMS, INC.

DEFENDANTS

MEMORANDUM OPINION GRANTING AGREED MOTION TO CHANGE VENUE
Presently before the Court is the parties' agreed motion to transfer venue [43]. Upon due
consideration, the Court is of the opinion that the motion is well taken.
The parties agree and request that the Court change the venue and location of the trial in
this cause from the Aberdeen to Oxford Division for the convenience of parties and witnesses,
particular with respect to travel accommodations and proximity to the Memphis International
Airport to attend trial.
Venue is determined at the outset of litigation and is not affected by subsequent events.
Smilde v. Snow, 73 F. App'x 24, 26 (5th Cir. 2003) (citing Mich. Trust Co. v. Ferry, 228 U.S.
346, 353, 33 S. Ct. 550, 57 L. Ed. 867 (1913); Exxon Corp. v. FTC, 588 F.2d 895, 899 (3d Cir.
1978». The federal venue transfer statute, 28 U.S.C. § 1404(a), provides: "For the convenience
of parties and witnesses, in the interest ofjustice, a district court may transfer any civil action to
any other district or division where it might have been brought or to any district or division to
which all parties have consented." 28 U.S.c. § 1404(a); see also Van Dusen v. Barrack, 376
U.S. 612, 616, 84 S. Ct. 805, 11 L. Ed. 2d 945 (1964); In re Volkswagen AG, 371 F.3d 201,203
(5th Cir. 2004). A district court has "broad discretion in deciding whether to order a transfer."
Balawajder v. Scott, 160 F.3d 1066, 1067 (5th Cir. 1999). The movant must show that "the

transferee venue is ... clearly more convenient." In re Volkswagen ofAm., Inc., 545 F.3d 304,
315 (5th Cir. 2008) (en banc).
The Court is of the opinion that the parties have demonstrated that the Oxford Division
would be clearly more convenient for the parties and witnesses to attend triaL Accordingly, the
parties' agreed motion to change venue [43] is GRANTED.

&

A separate ord~~accordance with this opinion shall issue this day.

THIS,th~d;YofNovember,2014.

tJg~

SENIOR U.S. DISTRICT JUDGE

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