Ameri-Con Materials, Inc. v. Carpenter

Filing 10

ORDER granting 9 Consent Motion. The Court TRANSFERS this case to the Spartanburg Division of the United States District Court for the District of South Carolina; denying as moot the 6 Motion to Dismiss. Signed by Magistrate Judge Dennis Howell on 6/14/2016. (kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16cv92
AMERI-CON MATERIALS, INC.,

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Plaintiff,
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v.
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DAVID CARPENTER d/b/a SPARTAN )
PAVING AND CONCRETE,
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Defendant.
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___________________________________ )

ORDER

Pending before the Court is the Motion to Dismiss [# 6] and Consent Motion
to Approve Consent Judgment Transferring Venue [# 9]. Plaintiff brought this
action against Defendant asserting a claim of negligence. Defendant moved to
dismiss the Complaint for improper venue, or in the alternative to transfer the case
to the United States District Court for the District of South Carolina.
Subsequently, the parties filed a consent motion requesting the entry of an order
transferring this case to South Carolina.

Having considered the record and the

parties’ Consent Motion, the Court GRANTS the motion [# 9]. The Court
TRANSFERS this case to the Spartanburg Division of the United States District
Court for the District of South Carolina. The Court DENIES as moot the Motion
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to Dismiss [# 6].

Signed: June 14, 2016

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