ABC MEDICAL HOLDINGS, INC. et al v. HOME MEDICAL SUPPLIES, INC. et al

Filing 28

ORDER THAT DEFENDANT HOME MEDICAL SUPPLIES, INC. MOTION TO TRANSFER VENUE IS GRANTED IN PART AND DENIED IN PART.THE CLERK OF THE USDC FOR THE E.D. OF PENNSYLVANIA SHALL SEND THE COMPLETE FILE IN THIS CASE TO THE USDC FOR THE DISTRICT OF COLORADO. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED; ETC.. SIGNED BY HONORABLE JAN E. DUBOIS ON 10/6/15. 10/6/15 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ABC MEDICAL HOLDINGS, INC., and
ABC HOME MEDICAL SUPPLY, INC.,
Plaintiffs,

CIVIL ACTION

v.
NO. 15-2457
HOME MEDICAL SUPPLIES, INC., and
RICK MODDERMAN,
Defendants.
ORDER
AND NOW, this 5th day of October, 2015, upon consideration of Defendant Home
Medical Supplies, Inc.’s (“HMS”) Motion to Transfer Venue for the Convenience and
Availability of Third Party Witnesses or to Dismiss for Lack of Personal Jurisdiction (Document
No. 17, filed July 17, 2015), Plaintiffs’ Memorandum of Points and Authorities in Opposition to
Motion of Defendant HMS to Transfer Venue or to Dismiss for Lack of Personal Jurisdiction
(Document No. 23, filed August 13, 2015), and Defendant Home Medical Supplies, Inc.’s Reply
Brief in Support of the Motion to Transfer Venue or Dismiss for Lack of Personal Jurisdiction
(Document No. 26, filed August 21, 2015), for the reasons set forth in the accompanying
Memorandum dated October 5, 2015, IT IS ORDERED that defendant’s Motion is GRANTED
in part and DENIED in part as follows:
1) That part of HMS’s motion which seeks transfer of the claims against HMS to the
United States District Court for the District of Colorado is GRANTED pursuant to 28
U.S.C. § 1406(a).
2) That part of HMS’s motion which seeks dismissal of the claims against HMS for lack
of personal jurisdiction is DENIED as moot.

IT IS FURTHER ORDERED that, in the interest of justice, the claims against
defendant Rick Modderman are TRANSFERRED to the United States District Court for
the District of Colorado pursuant to 28 U.S.C. § 1404(a).
IT IS FURTHER ORDERED that the Clerk of the United States District Court for the
Eastern District of Pennsylvania shall send the complete file in this case to the United States
District Court for the District of Colorado.
IT IS FURTHER ORDERED that the Clerk of Court shall MARK this case CLOSED.

BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

2