Charlotte Prime, LLC v. AT&T Corp. et al

Filing 10

ORDER granting 7 Motion to Change Venue. Signed by Magistrate Judge David S. Cayer on 10/16/2012. (blf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:12-cv-594-FDW-DSC
CHARLOTTE PRIME, LLC,
Plaintiff,
vs.
AT&T CORP., and THE COMTRAN
GROUP, INC.,
Defendants.
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ORDER

THIS MATTER is before the Court on Defendant The Comtran Group, Inc.'s “Motion to
Transfer Venue” (document #7) and “Brief in Support ...” (document #8), both filed September 19,
2012. No brief in opposition has been filed and the time for filing a responsive brief has expired.
Comtran seeks transfer of this matter to the United States District Court for the Southern
District of Georgia pursuant to 28 U.S.C. § 1404(a).1

The Supreme Court has held that this

provision is:
intended to place discretion in the district court to adjudicate motions for transfer
according to an individualized, case-by-case consideration of convenience and
fairness. A motion to transfer under §1404(a) thus calls on the district court to weigh
in the balance a number of case-specific factors.
Stewart Organization, Inc. v. Ricoh Corp., 487 U.S. 22, 29 (1988) (quotations and citations omitted).
See also Brock v. Entre Computer Centers, Inc., 933 F.2d 1253, 1258 (4th Cir. 1991) (enumerating
factors to consider); AC Controls Co v. Pomeroy Computer Resources, Inc., 284 F.Supp. 2d 357,
362-63 (W.D.N.C. 2003) (considering factors and transferring venue); Rice v. BellSouth Advertising

1

28 U.S.C. §1404(a) provides: “[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.”

& Pub. Corp., 240 F.Supp.2d 526, 529 (W.D.N.C.2002) ("[a] court should analyze each of these
factors both quantitatively and qualitatively”); D.P. Riggins & Associates, Inc. v. American Board
Companies, Inc., 796 F.Supp. 205, 211-12 (W.D.N.C. 1992).
This matter arises entirely out of activities that occurred in Savannah, Georgia. The only
connection to North Carolina is the fact that Plaintiff has its principal place of business here. The
transfer factors set forth in Brock, 933 F.2d at 1258, weigh heavily in favor of transferring this case
to the Southern District of Georgia.
For these reasons, IT IS HEREBY ORDERED that:
1. Defendant The Comtran Group, Inc.'s “Motion to Transfer Venue” (document #7) is
GRANTED and this matter shall be TRANSFERRED to the United States District Court for the
Southern District of Georgia.
2. The Clerk is directed to send the instant file, including this Order, to the Clerk of Court
for the Southern District of Georgia.
3. The Clerk is further directed to send copies of this Order to counsel of record; and to the
Honorable Frank D. Whitney.
SO ORDERED.

Signed : October 16, 2012