Watson et al v. Lacombe et al

Filing 18

MEMORANDUM AND ORDER -The Motion to Dismiss for Improper Venue or Transfer for Improper Venue (Filing No. 12 ) submitted by Defendants Rene LaCombe and Travelers Transportation Services, Inc., is granted in part as follows: The Court finds pursuant to 28 U.S.C. § 1406(a) that this is a case laying venue in the wrong district and that it is in the interest of justice to transfer the case to a district in which the case could have been brought; This case is transferred to the United States District Court for the Southern District of Iowa; and The Motion is otherwise denied. Ordered by Chief Judge Laurie Smith Camp. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARVIN D. WATSON and JANE
WATSON,
Plaintiffs,
v.
RENE LACOMBE, TRAVELERS
TRANSPORTATION SERVICES, Inc.,
and JOHN PAUL ELEDGE,
Defendants.

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CASE NO. 8:15CV3018

MEMORANDUM
AND ORDER

This matter is before the Court on the Motion to Dismiss for Improper Venue or
Transfer for Improper Venue (Filing No. 12) submitted by Defendants Rene LaCombe
(“LaCombe”) and Travelers Transportation Services, Inc. (“Travelers”). Plaintiffs ask the
Court to deny the Motion to Dismiss, but to grant the Motion as it seeks in the alternative
a transfer of venue to the United States District Court for the District of Southern Iowa.
(See Plaintiffs’ Brief, Filing No. 16 at ECF 2-3.) In reply, Defendant LaCombe, a resident
of Canada, and Defendant Travelers, a Canadian corporation, “stipulate and agree that this
matter may be transferred to the Southern District of Iowa.” (Defendants’ Reply Brief,
Filing No. 17 at ECF 2.) Defendant John Paul Eledge, a resident of Iowa, has not opposed
the Motion.
The Plaintiffs have invoked the Court’s diversity jurisdiction in this case involving a
traffic accident that occurred in the state of Iowa. (Complaint, Filing No. 1 at ECF 2.)
While it appears that there is complete diversity of citizenship between all parties plaintiff
and all parties defendant, it does not appear that venue is proper in this district pursuant
to 28 U.S.C. § 1391. Accepting the allegations in the Complaint as true, however, it is

clear that venue lies in the Southern District of Iowa pursuant to 28 U.S.C. § 1391(b)(2) (“a
judicial district in which a substantial part of the events or omissions giving rise to the claim
occurred . . . .”) Accordingly, a transfer of venue pursuant to 28 U.S.C. § 1406(a) is in the
interest of justice.
IT IS ORDERED:
1. The Motion to Dismiss for Improper Venue or Transfer for Improper Venue
(Filing No. 12) submitted by Defendants Rene LaCombe and Travelers
Transportation Services, Inc., is granted in part as follows:
The Court finds pursuant to 28 U.S.C. § 1406(a) that this is a case laying
venue in the wrong district and that it is in the interest of justice to transfer
the case to a district in which the case could have been brought;
2. This case is transferred to the United States District Court for the Southern
District of Iowa; and
3. The Motion is otherwise denied.

DATED this 12th day of June, 2015.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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