WDW Management Company, LLC v. Neal

Filing 10

ORDER granting 7 Motion to Transfer. The Clerk of Court is DIRECTED to TRANSFER this case to the Western District of North Carolina, at Charlotte.Signed by Magistrate Judge H Bruce Guyton on 12/09/2013. (KAW)[Transferred from Tennessee Eastern on 12/10/2013.]

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
WDW MANAGEMENT COMPANY, LLC,
Plaintiff,
v.
TOBIANNE M. NEAL,
Defendant.

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No. 3:13-CV-486
(VARLAN/GUYTON)

MEMORANDUM AND ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and the referral of the District Judge.
Now before the Court is Plaintiff’s Motion to Transfer Pursuant to 28 U.S.C. § 1404(a),
28 U.S.C. § 1406(a), or 28 U.S.C. § 1631 [Doc. 7]. In its Motion, Plaintiff moves the Court to
transfer this case to the Western District of North Carolina. In support of this position, the
Plaintiff submits that the relevant acts in this case took place in Matthews, North Carolina and
Charlotte, North Carolina, within the Western District of North Carolina. Plaintiff argues that a
transfer is proper under 28 U.S.C. § 1404(a), if the Defendant is subject to personal jurisdiction
in Tennessee, and it is proper under 28 U.S.C. § 1406(a) and 28 U.S.C. § 1631, if she is not.
The Plaintiff has not responded in opposition, and the time for doing so has expired, see
E.D. Tenn. L.R. 7.1. “Failure to respond to a motion may be deemed a waiver of any opposition
to the relief sought.” E.D. Tenn. L.R. 7.2. The Court finds that the Motion for Transfer could be
granted based upon Defendant’s failure to respond in opposition.

Notwithstanding, the Court has reviewed and considered the allegations of the Complaint
and the representations made in the affidavits filed in support of Defendant’s Motion to Dismiss
for Lack of Personal Jurisdiction. [Docs. 2-1 and 2-2]. Based upon these filings, the Court finds
that it is appropriate to transfer this case to the Western District of North Carolina pursuant to 28
U.S.C. § 1406(a).
Accordingly, the Motion to Transfer [Doc. 7] is GRANTED, and the Clerk of Court is
DIRECTED to TRANSFER this case to the Western District of North Carolina, at Charlotte.
IT IS SO ORDERED.
ENTER:
s/ H. Bruce Guyton
United States Magistrate Judge

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