Luis v. Zang et al

Filing 63

ORDER: Defendant Zang General Contractors, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue or, in the Alternative, for Transfer of Venue #43 and Defendants Joseph Zang's and Joseph Zang Custom Builders' Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue or, in the Alternative, for Transfer of Venue #44 are GRANTED to the extent that the Court transfers this case to the United States District Court for the Southern District of Ohio. The Clerk is directed to effect transfer as outlined above and, thereafter, to close this case. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 8/20/2012. (KAK) [Transferred from Florida Middle on 8/21/2012.]

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JAVIER LUIS,
Plaintiff,
v.

Case No.

8:12-cv-500-T-33AEP

CARLA BERGMANN, ET AL.,
Defendants.
_____________________________/
ORDER
This matter comes before the Court pursuant to Defendant
Zang General Contractors, Inc.’s Motion to Dismiss for Lack of
Personal

Jurisdiction

and

Improper

Venue

or,

in

the

Alternative, for Transfer of Venue (Doc. # 43) and Defendants
Joseph Zang’s and Joseph Zang Custom Builders’ Motion to
Dismiss for Lack of Personal Jurisdiction and Improper Venue
or, in the Alternative, for Transfer of Venue (Doc. # 44),
both filed on July 30, 2012.
Plaintiff was given an opportunity to respond to the
Motions but failed to do so.

As of the date of this Order,

the time for Plaintiff to respond to the Motions under the
Court’s

Local

Rules

has

elapsed.

The

Court

construes

Plaintiff’s failure to respond to the Motions as Plaintiff’s
assent to the relief requested in the Motions.

Accordingly, the Court grants the Motions by transferring
this action to the Southern District of Ohio where a related,
first-filed case is currently pending: Zang, et al. v. Zang,
et al., 1:11-cv-884-SJD (case filed December 17, 2011).

In

the Motions, Defendants have correctly asserted that venue is
not proper in this action as none of the Defendants reside in
Florida (in fact, each Defendant in this suit is located in
Ohio

with

the

exception

California corporation).

of

Awareness

Technologies,

a

In addition, the Court determines

that this district is not where “a substantial part of the
events or omissions giving rise to the claim occurred.” 28
U.S.C. § 1391(b).
Pursuant to 28 U.S.C. § 1404(a), which states, “[f]or the
convenience of the 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,”
the Court hereby transfers this case to the United States
District Court for the Southern District of Ohio.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
(1)

Defendant Zang General Contractors, Inc.’s Motion to
Dismiss for Lack of Personal Jurisdiction and Improper
Venue or, in the Alternative, for Transfer of Venue (Doc.
-2-

# 43) and Defendants Joseph Zang’s and Joseph Zang Custom
Builders’

Motion

to

Dismiss

for

Lack

of

Personal

Jurisdiction and Improper Venue or, in the Alternative,
for Transfer of Venue (Doc. # 44) are GRANTED to the
extent that the Court transfers this case to the United
States District Court for the Southern District of Ohio.
(2)

The Clerk is directed to effect transfer as outlined
above and, thereafter, to close this case.
DONE and ORDERED in Chambers, in Tampa, Florida, this

20th day of August 2012.

Copies to:
All Counsel of Record

-3-