Dawson et al v. A Place at the Beach, LLC et al

Filing 3

ORDER granting 2 Motion to Change Venue to Charlotte Division. Signed by Magistrate Judge Dennis Howell on 10/30/2015. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:15cv187
HARRY LEE DAWSON and
RITA DAWSON,

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Plaintiffs,
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v.
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A PLACE AT THE BEACH LLC, et al., )
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Defendants.
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___________________________________ )

ORDER

Pending before the Court is the Motion to Change Venue [# 2]. Plaintiffs
brought this action in the Ashville Division of the United States District Court for
the Western District of North Carolina. Plaintiffs now move to transfer this case to
the Charlotte Division of the United States District Court for the Western District
of North Carolina. Plaintiffs contend that they inadvertently filed their Complaint
in the Asheville Division rather than the Charlotte Division. Defendant has not
filed an answer in this case and did not respond to the motion. Upon a review of
the Complaint and the motion, it appears to the Court that this case was in fact
inadvertently filed in the Asheville Division and venue is not proper in this Court.
Although the Court has some concern as to whether this case should have been

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brought in the United States District Court for the Eastern District of North
Carolina, this issue is not before the Court. Upon a review of the Complaint and
Plaintiff’s unopposed motion, the Court GRANTS motion [# 2] and DIRECTS
the Clerk to TRANSFER this case to the Charlotte Division.

Signed: October 30, 2015

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