Devera v. Exxon Mobil Corporation et al

Filing 13

ORDER granting 5 Motion for change of venue to the Billings Division of this Court. Signed by Judge Dana L. Christensen on 3/30/2018. (NOS)

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

FILED
MAR 3 0 2018
Cleric, U.S District Court
District Of Montana
Missoula

MARYL. DEVERA, as Personal
Representative of the Estate of Trent
Vigus, deceased,

CV 17-174-M-DLC

Plaintiff,

ORDER

vs.
EXXON MOBIL CORPORATION
and XTO ENERGY, INC.,
Defendants.
Defendant XTO Energy Inc. moves to transfer venue of this case to the
Billings Division of this Court. Defendant Exxon Mobil Corporation joins in the
motion. Plaintiff did not file a response brief.
Jurisdiction in this case is based on diversity of citizenship. 28 U.S.C. §
1332. Plaintiff is the personal representative of the estate of Trent Vigus,
deceased, and was appointed by the Seventh Judicial District Court, Dawson
County, Montana. The notarization on the Application for Appointment of
Personal Representative indicates that it was signed in Toole County, Montana.
Defendants are New Jersey and Delaware corporations. Where jurisdiction in a
civil action is founded only on diversity of citizenship, venue is proper in the
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judicial district in which all plaintiffs reside or in which the claims arose. 28
U.S.C. § 1391(b). Therefore, it is appropriate that this case is initially venued in
the District of Montana. The issue presented by the instant motion is whether this
case is properly venued in the Missoula Division of the court, or should be
transferred to the Billings Division.
The starting point for the Court's analysis is L.R. 3.2(b), which provides that
"venue is proper in any division of the court containing a county of proper venue
under the laws of the State of Montana." Turning to Montana law, "ifthe
defendant is a corporation incorporated in a state other than Montana, the proper
place of trial for a tort action is (a) the county in which the tort was committed; (b)
the county in which the plaintiff resides; or (c) the county in which the
corporation's registered agent is located, as required by law." Mont. Code Ann.

§ 25-2-122(2) (2017). Looking to the complaint filed in this case, there is no
allegation identifying the place of the residence of the personal representative,
Mary L. Devera, although, as indicated above, she signed an estate pleading in
Toole County, which is located in the Great Falls Division of the court, and the
estate proceedings is venued in Dawson County Montana, which is within the
Billings Division. L.R. 1.2(c)( 1) and (3 ). It appears that the registered agents for
the Defendant corporations are located in Lewis and Clark, County, Montana,
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which is within the Helena Division of the Court. L.R. 1.2(c)( 4 ). The alleged
torts were committed in Richland County, which is within the Billings Division of
the court, L.R. 1.2(c )( 1).
The Missoula Division, where the plaintiff filed this action, has no apparent
connection to the case other than being the residence of one of the Plaintiffs
attorneys. There is no evidence in the record that the Plaintiff resides in the
Missoula Division. Nevertheless, the Defendants do not reside in the Missoula
Division and the alleged torts were committed in the Billings Division. Moreover,
the Plaintiff has not responded to the Defendants' motion to transfer venue. Thus,
the Court finds that the Billings division constitutes the proper place for trial in this
matter.
Accordingly, IT IS ORDERED that Defendants' motion for change of venue
to the Billings Division of this Court (Doc. 5) is GRANTED. The clerk of court is
directed to transfer this case to the Billings Division.
DATED this 30#-day of March, 2018.

Dana L. Christensen, Chief Judge
United States District Court
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