Farani et al v. File et al
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)
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).
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
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