Farani et al v. File et al

Filing 26

ORDER denying 7 Motion to Dismiss; denying 7 Motion to Change Venue; denying 19 Motion to Dismiss Signed by District Judge Henry T. Wingate on 3/29/2017 (CGC)

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weigh slightly in favor of Mississippi, where at least one defendant resides. The conflict of laws issue might weigh slightly in favor of North Dakota, but this Court is capable of applying North Dakota law with respect to this lawsuit. These factors do not persuade this Court to grant transfer of this case. Plaintiffs chose Mississippi as the forum to bring their lawsuit and deference should be accorded that choice. “[U]nless the balance is strongly in favor of the defendant; the plaintiff’s choice of forum should rarely be disturbed.” Gulf Oil Corporation v. Gilbert, 330 U.S. 501, 508 (1947). CONCLUSION For all of the reasons stated, this Court declines to dismiss this lawsuit and declines to dismiss any of defendants from this litigation. This Court additionally denies the defendants’ request for transfer of this case to a different venue. Therefore, accordingly, defendants’ Motion to Dismiss or, Alternatively, Motion to Transfer Venue [docket no. 7] is denied, and defendants’ AMENDED Motion to Dismiss or, Alternatively, Motion to Transfer Venue [docket no. 19] is denied. Counsel for the parties are instructed to contact Magistrate Judge Linda R. Anderson of the Southern District Court of Mississippi within ten days from the date of this order for scheduling in this matter. SO ORDERED AND ADJUDGED, this the 29th day of March, 2017. _________s/ HENRY T. WINGATE________ UNITED STATES DISTRICT COURT JUDGE 13   

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