Mitchell v. American/US Airways

Filing 28

ORDER that 16 Motion to Dismiss Or, In the Alternative, Transfer Venue is DENIED in part and GRANTED in part. Further, the Early Neutral Evaluation currently set in this matter for July 27, 2017, is hereby vacated. ORDERED that this case is transferred to the District of Arizona. The Clerk of Court is instructed to close this case. Signed by Judge Jennifer A. Dorsey on 7/24/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 Jill Garcia, Esq. Nevada Bar No. 7805 jill.garcia@ogletree.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Wells Fargo Tower Suite 1500 3800 Howard Hughes Parkway Las Vegas, NV 89169 Telephone: 702.369.6800 Fax: 7092.369.5694 7 8 Attorneys for Defendant American Airlines, Inc. UNITED STATES DISTRICT COURT 10 Ogletree, Deakins, Nash,Smoak & Stewart, P.C. Wells Fargo Tower Suite 1500, 3800 Howard Hughes Parkway Las Vegas, NV 89169 Telephone: 702.369.5694 9 DISTRICT OF NEVADA 11 CHARITY MITCHELL, 12 13 14 15 Plaintiff, vs. US AIRWAYS/AMERICAN AIRLINES, Defendants. Case No. 2:15-cv-01921-JAD-PAL [PROPOSED] ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT AMERICAN AIRLINES, INC.’S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TRANSFER VENUE 16 17 On July 10, 2017, the Court heard Defendant American Airlines, Inc.’s Motion to Dismiss, 18 or in the Alternative, Transfer Venue. (ECF No. 16.) Defense counsel Jill Garcia appeared. 19 Plaintiff, pro se, did not appear for the hearing. 20 21 The Court heard the representations of counsel regarding the pending motions before the Court. It is ORDERED that Defendant American Airlines, Inc.’s Motion to Dismiss Or, In the 22 23 24 Alternative, Transfer Venue is DENIED IN PART AND GRANTED IN PART. The Court denies Defendant American Airlines Inc.’s Motion to Dismiss. 25 The Court grants Defendant American Airlines Inc.’s Motion to Transfer Venue. “For the 26 convenience of parties and witnesses, in the interest of justice, a District Court may transfer any 27 civil action to any other district or division where it might have been brought.” 28 U.S.C. § 28 1 1 2 1404(a). When considering a motion to transfer venue, the Court must “weigh multiple factors in its determination whether transfer is appropriate in a particular case.” Jones v. GNC Franchising, 3 Inc., 211 F.3d 495, 498 (9th Cir. 2000) (citing Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 29 4 (1988)). In particular, the Court must consider: (1) the convenience of the parties; (2) the 5 convenience of the witnesses; and (3) the interest of justice. Id. 6 The Court finds a transfer to the District of Arizona is proper because: (1) the events 7 8 Plaintiff complains of did not occur in Nevada; (2) the parties have more contacts with Arizona Ogletree, Deakins, Nash,Smoak & Stewart, P.C. Wells Fargo Tower Suite 1500, 3800 Howard Hughes Parkway Las Vegas, NV 89169 Telephone: 702.369.5694 9 than they do with Nevada; (3) Arizona is a more convenient forum because the witnesses reside in 10 Arizona; (4) there is more convenient access to sources of proof in Arizona; (5) it is unclear where 11 Plaintiff currently resides, and may reside part-time in California; and (6) it would be unfair to 12 impose jury duty on citizens of Nevada because Nevada has no relationship to the action. This 13 14 15 16 17 case shall be transferred to the District of Arizona. Further, the Early Neutral Evaluation (“ENE”) currently set in this matter for July 27, 2017, is hereby vacated. IT IS SO ORDERED. 18 19 U.S. DISTRICT COURT JUDGE 7/24/2017 20 21 22 23 DATED IT IS ORDERED that this case is transferred to the District of Arizona. The Clerk of Court is instructed to close this case. 24 25 26 27 28 2 CERTIFICATE OF SERVICE 1 2 Pursuant to FRCP 5(b), I hereby certify that service of the foregoing [PROPOSED] 3 ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT AMERICAN 4 AIRLINES, INC.’S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TRANSFER 5 VENUE was made this day by depositing a true and correct copy of same for mailing, first class 6 mail, postage prepaid thereon, at Las Vegas, Nevada, addressed to the following: 7 8 Ogletree, Deakins, Nash,Smoak & Stewart, P.C. Wells Fargo Tower Suite 1500, 3800 Howard Hughes Parkway Las Vegas, NV 89169 Telephone: 702.369.5694 9 10 11 12 Charity Mitchell 3108 St. Tropez Las Vegas, NV 89128 Charity Mitchell 1130 White Rock Road, #112 El Dorado Hills, CA 95762 Plaintiff Pro Per 13 14 15 16 Dated this 21st day of July, 2017. /s/ Darhyl Kerr An Employee of Ogletree, Deakins, Nash Smoak & Stewart, P.C. 17 30525017.1 18 19 20 21 22 23 24 25 26 27 28 3

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