BWISE Manufacturing, LLC v. Big Hat Investments, LLC et al

Filing 17

ORDER : IT IS HEREBY ORDERED that this case is transferred pursuant to 28 U.S.C. § 1406(a) to the United States District Court for the Western District of Missouri, Central Division. Signed by Magistrate Judge Noelle C. Collins on 01/17/2018. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
BWISE MANUFACTURING, LLC,
Plaintiff,
v.
BIG HAT INVESTMENTS, LLC and
MICHAEL WAYNE BRISTOW,
Defendants.

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Case No. 2:17-cv-00092-NCC

ORDER
This matter is before the Court on review of the record. On November 21, 2017, Plaintiff
BWISE Manufacturing, LLC filed an Application for Stay of Arbitration in the Circuit Court of
Boone County, Missouri (Doc. 3). On December 19, 2017, Defendants Big Hat Investments,
LLC and Michael Wayne Bristow (collectively “Defendants”) removed this action to this Court
from the Circuit Court of Boone County (Doc. 1). On December 21, 2017, Defendants filed a
Motion to Dismiss and to Compel Arbitration (Doc. 5) and, on December 26, 2017, Plaintiff
filed a Motion to Remand (Doc. 9). The Court, noting that pursuant to 28 U.S.C. § 1441(a) and
28 U.S.C. § 105(b) venue in this removed action is proper in the Western District of Missouri,
issued a show cause order directing Defendants to show cause why this action should not be
transferred to the Western District of Missouri (Doc. 12). See Polizzi v. Cowles Magazines, Inc.,
345 U.S. 663, 665 (1953) (Venue in a removed action is governed by section 1441). Defendants
responded to Plaintiff’s Motion to Remand indicating that they “acquiesce to Plaintiff’s Motion
to remand” and requesting the Court deny Plaintiff’s demand for sanctions (Doc. 13).
Defendants also responded to the Court’s show cause order stating that they believe that the
Court’s order is now “moot in view of the Defendants’ acquiesce to Plaintiff’s Motion to

Remand” (Doc. 14). Plaintiff replied to the Motion to Remand, again requesting attorneys’ fees
pursuant to 28 U.S.C. § 1447(c). As venue is proper in the Western District of Missouri and
there remains a contested issue regarding attorneys’ fees,
IT IS HEREBY ORDERED that this case is transferred pursuant to 28 U.S.C. § 1406(a)
to the United States District Court for the Western District of Missouri, Central Division.
Dated this 17th day of January, 2018.

/s/ Noelle C. Collins
NOELLE C. COLLINS
UNITED STATES MAGISTRATE JUDGE