U.S. Xpress, Inc. v. Streamline, LLC

Filing 48

ORDER denying 41 Motion to Dismiss. Pursuant to the parties' 47 Stipulation, this cause, in its entirety, shall be transferred to the U.S. District Court, Western District of Kentucky, sitting in Louisville. Ordered by Senior Judge Joseph F. Bataillon. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

Case No. 8:14-CV-295
U.S. XPRESS, INC.,
Plaintiff,

ORDER ON STIPULATION TO
TRANSFER VENUE TO THE WESTERN
DISTRICT OF KENTUCKY

v.
STREAMLINE, LLC; and CONTINUUM
TRANSPORTATION SERVICES, LTD.
Defendants.

Defendant Continuum Transportation Services, Ltd. filed a Motion to Dismiss
Plaintiff’s Second Amended Complaint and Defendant Streamline’s Cross-Claim or, in
the alternative, to Transfer Venue to the Northern District of Ohio or the Eastern District
of Kentucky (Filing No. 41). Streamline Filed an Opposition to the Motion within which
Streamline requested transfer of the case in its entirety to the Western District of
Kentucky (Filing No. 46, 46-1.) Continuum thereafter filed a Parties’ Stipulation for
Resolution of Defendant Continuum Transportation Services, Ltd.’s Motion to Dismiss
Plaintiff’s Second Amended Complaint and Defendant Streamline’s Cross-Claim or, in
the alternative, to Transfer Venue (Filing No. 47) by which all parties signified their
stipulation that this case be transferred in its entirety to the U.S. District Court for the
Western District of Kentucky, sitting in Louisville, Kentucky.
The Court having reviewed such filings, due notice given and the court being fully
advised in the premises, it is hereby ORDERED, ADJUDGED AND DECREED:

Defendant Continuum Transportation Services, Ltd.’s Motion to Transfer Venue
or Dismiss (Filing No. 41) is DENIED as moot. This cause, in its entirety, shall be
transferred to the U.S. District Court, Western District of Kentucky, sitting in Louisville.
Defendant Continuum Transportation Services, Ltd. shall file its responsive
pleadings within twenty one (21) days after acceptance of the case by the U.S. District
Court for the Western District of Kentucky, sitting in Louisville. The parties to this action
will be notified of the date on which the transferee court accepts such transfer by an
entry on this Court’s ECF Docket and the corresponding Notice of Electronic Filing
(NEF) to all parties.

DATED this 10th day of March, 2015

BY THE COURT:

__s/Joseph F. Bataillon_____________
Joseph F. Bataillon
Senior United States District Court Judge

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