Exxon Mobil Corporation v. Northwestern Corporation

Filing 102

ORDER GRANTING 88 Motion to Change Venue for Trial Signed by Judge Brian Morris on 1/17/2017. (AMC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

EXXON MOBIL CORPORATION, a
New Jersey corporation,

CV-16-05-BLG-BMM

Plaintiff,
vs.
NORTHWESTERN CORPORATION
dba NORTHWESTERN ENERGY, a
Delaware corporation,

ORDER

Defendant/Third-Party Plaintiff
vs.
CITY OF BILLINGS, and GENERAL
ELECTRIC INTERNATIONAL, INC.,
Third-Party Defendants.

Third Party Defendant City of Billings (“the City”) has moved the Court to
change venue for trial in this matter from Great Falls to Billings. (Doc. 88.)
Plaintiff Exxon Mobil Corporation (“ExxonMobil”) filed a response to the motion
stating that it has no objection to the Court’s ruling that the trial take place in Great
Falls. (Doc. 98.) No other parties filed a response to the motion.
ExxonMobil’s claims against NorthWestern Corporation (“NorthWestern”)
are based in negligence and contract. (See Doc. 1.) NorthWestern’s claims against
the City are also based in negligence and contract. (See Doc. 33.) Venue is proper
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in any division of the court containing a county of proper venue under Montana
law. Local Rule 3.2(b). The proper venue for a tort action is either where the
defendant resides or the county where the tort was committed. Mont. Code Ann. §
25–2–122(1). The proper venue for a breach of contract claim is either where the
defendant resides or the county where the contract was to be performed. Mont.
Code Ann. § 25–2–121(1). The proper venue for an action against a political
subdivision is in the county in which the claim arose or in any county where the
political subdivision is locate. Mont. Code Ann. § 25–2–126(3).
The City argues that “a substantial part of the events or omissions giving rise
to the action occurred in Yellowstone County, within the Billings Division,” noting
that the wastewater treatment plant, refinery, and the 50 kilovolt lines servicing the
refinery are all located in Billings. (Doc. 89 at 3-4.)
For good cause shown, IT IS ORDERED that the City of Billings’ Motion
(Doc. 88) is GRANTED.
DATED this 17th day of January, 2017.

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