Morales-Ponce vs Carmack et al

Filing 31

ORDERED that this action is transferred to the District of Arizona. The # 23 Amended Motion to Dismiss filed May 12, 2011 is DENIED as moot in light of the transfer of this case to the District of Arizona. The # 6 Motion to Dismiss filed March 31, 2011 to dismiss the original complaint in this action is DENIED as moot in light of the filing of the # 9 Amended complaint filed on April 21, 2011. Signed by Judge Edward C. Reed, Jr on 8/4/2011. (Copies have been distributed pursuant to the NEF - DRM)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10

ADRIAN MORALES-PONCE,

11
12
13
14
15
16

Plaintiff,
vs.
SWIFT TRANSPORTATION CO,
INC., MICHAEL ROGER
CARMACK, INTERSTATE
EQUIPMENT LEASING,
Defendants.

17
18

) Case No. 3:10-cv-00717-ECR-RAM
)
)
)
)
) ORDER
)
)
)
)
)
)
)
)

On May 12, 2011, Defendants filed an Amended Motion to Dismiss (#23)

19

pursuant to Fed.R.Civ.P. 12(b)(3) on the grounds of improper venue. Plaintiff

20

concedes that venue is not proper in the District of Nevada but requests that

21

instead of dismissing the action that the Court transfer the case to the District of

22

Arizona. Defendants do not stipulate to transfer. It appears that the interests of

23

justice call for a transfer of the action to the District of Arizona rather than a

24

dismissal of the case.

25
26
27
28

Therefore, IT IS HEREBY ORDERED that this action is transferred to the
District of Arizona.
The Amended Motion to Dismiss (#23) filed May 12, 2011 is DENIED as
moot in light of the transfer of this case to the District of Arizona.

1

The Motion to Dismiss (#6) filed March 31, 2011 to dismiss the original

2

complaint in this action is DENIED as moot in light of the filing of the amended

3

complaint (#9) filed on April 21, 2011.

4

Dated this 4th day of August 2011.

5
6

_____________________________
EDWARD C. REED, JR.
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2