Robbins et al v. Walley et al

Filing 27

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendants request to file their motion without a memorandum in support pursuant to Local Rule 7-4.01(A) is granted. IT IS FURTHER ORDERED that the Clerk of Court shall transfer this case to the Northern Division. IT IS FURTHER ORDERED that defendants motion to dismiss for improper venue [Doc. # 6 , # 22 ] is denied. Signed by District Judge Carol E. Jackson on 1/4/17. (JAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KAREN ROBBINS and LEE ROBBINS,
Plaintiff,
vs.
LYNN J. WALLEY and THE HANNIBAL
CLINIC, INC.,
Defendants.

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Case No. 4:16-CV-1504 (CEJ)

MEMORANDUM AND ORDER
This matter is before the Court on defendants’ motion to dismiss for improper
venue. [Doc. #6]. Plaintiffs have filed a response in opposition and the issues are
fully briefed.
In January 2016, plaintiff Karen Robbins underwent a medical procedure to
treat ovarian torsion. The procedure was performed by defendant Lynn J. Walley,
at the Hannibal Clinic, Inc. [Doc. #20 at 1–2]. Plaintiff alleges that as a result of
Walley’s negligence she sustained septic shock, as well as acute respiratory failure,
acute renal failure, and other injuries; consequently, she was hospitalized in an
intensive care unit for more than 30 days. Id. at 2. She underwent multiple surgical
procedures and suffered permanent and disabling injury, disfigurement, and pain.
Id. She alleges that she has incurred costs of more than $434,000 for medical care.
Id. Plaintiff and her husband filed this action against Walley and the Hannibal Clinic
in the Eastern Division of the Eastern District of Missouri.

Local Rule 2.07(b)(2) of the United States District Court for the Eastern
District of Missouri states as follows:
All actions brought against multiple defendants all of whom reside in
the same division must be brought in that division, or in the division
where the claim for relief arose. If at least two of the defendants
reside in different divisions, such action shall be filed in any division in
which one or more of the defendants reside, or where the claim for
relief arose.
E.D. Mo. L.R. 2.07(b)(2) (emphasis added).
Defendant Walley resides in and Hannibal Clinic is located in Marion County
Missouri. Also, the claim that defendants were negligent is based on actions that
took place in Marion County. [Doc. #6-1 at 1].

Marion County is located in the

Court’s Northern Division. See E.D. Mo. L.R. 2.07(A)(2); [Doc. #6-1]. Because the
defendants reside in and the claim arose in the Northern Division, venue in the
Eastern Division is improper.
Even though venue is improper, the defendants’ motion to dismiss will be
denied. Instead, the Court will order that the case be transferred to the Northern
Division. See 28 U.S.C. § 1406(a) (providing that “[t]he district court of a district in
which is filed a case laying venue in the wrong division or district shall dismiss, or if
it be in the interest of justice, transfer such case to any district or division in which
it could have been brought.”).
Accordingly,
IT IS HEREBY ORDERED that defendants’ request to file their motion
without a memorandum in support pursuant to Local Rule 7-4.01(A) is granted.
IT IS FURTHER ORDERED that the Clerk of Court shall transfer this case to
the Northern Division.

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IT IS FURTHER ORDERED that defendants’ motion to dismiss for improper
venue [Doc. #6, #22] is denied.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 4th day of January, 2017.

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