Symmetry Financial Group, LLC v. Emmans et al

Filing 15

ORDER granting 9 Motion to Transfer Division. This matter shall be transferred to the Asheville Division of the United States District Court for the Western District of North Carolina. Signed by Magistrate Judge David Keesler on 9/11/20. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:20-CV-371-FDW-DCK
SYMMETRY FINANCIAL GROUP, LLC,
Plaintiff,
v.
JOSHUA J. EMMANS and
SHENAE WOODS,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on Defendants’ “Motion To Transfer
Division” (Document No. 9) filed August 20, 2020. This motion has been referred to the
undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is
appropriate. Having carefully considered the motion and the record, and noting that Plaintiff’s
counsel has reported to chambers staff that Plaintiff does not oppose the request, the undersigned
will grant the motion.
By the instant motion, Defendants seek to transfer this matter within the United States
District Court for the Western District of North Carolina from the Charlotte Division to the
Asheville Division pursuant to 28 U.S.C. § 1404(a). (Document Nos. 9 and 10). 28 U.S.C. §
1404(a) provides that “(f)or the convenience of parties and witnesses, in the interest of justice, a
district court may transfer any civil action to any other district or division where it might have been
brought or to any district or division to which all parties have consented. “Upon motion, consent
or stipulation of all parties, any action, suit or proceeding of a civil nature or any motion or hearing
thereof, may be transferred, in the discretion of the court, from the division in which pending to
any other division in the same district.” 28 U.S.C. §1404(b).

Defendants contend that Plaintiff’s principal office is in Buncombe County, North
Carolina, and that none of the facts and claims alleged in the Complaint occurred in the Charlotte
Division. (Document No. 10, p. 1). “For these reasons, among others,” Defendants conclude that
this matter should be transferred. (Document No. 10, pp. 1-2) (citing Trivette v. Walmart Stores,
Inc., 3:17-CV-560-FDW-DCK (W.D.N.C. Nov. 8, 2017)).
Although Plaintiff initially indicated opposition to the motion, Derek P. Adler, counsel for
Plaintiff Symmetry Financial Group, LLC and Counter-Defendant John Ziller, has recently
informed the Court that the motion to transfer is now unopposed.
Based on Defendants’ arguments and authority, as well as the parties’ agreement, the
undersigned finds that this matter should be transferred to the Asheville Division.
IT IS, THEREFORE, ORDERED that Defendants’ “Motion To Transfer Division”
(Document No. 9) is GRANTED. This matter shall be transferred to the Asheville Division of
the United States District Court for the Western District of North Carolina.
SO ORDERED.

Signed: September 11, 2020

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