ADAMS v. NORFOLK SOUTHERN CORPORATION et al

Filing 35

ORDER THAT UPON CONSIDERATION OF THE DEFENDANTS' MOTIONS TO DISMISS, AND IN THE ALTERNATIVE, TO TRANSFER VENUE 8 9 10 , PLAINTIFF'S RESPONSES 19 20 21 , PROCTOR AND GAMBLE COMPANY'S REPLY 26 , AND FOLLOWING ORAL ARGUMENT ON 10/2 6/16, IT IS ORDERED THAT DEFENDANTS' MOTIONS ARE GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART SUCH THAT: DEFENDANTS' MOTIONS TO TRANSFER ARE GRANTED. THE CLERK SHALL TRANSFER THIS ACTION TO THE U.S.D.C. FOR THE MIDDLE DISTRICT OF PENNSYLVANIA. DEFENDANTS' MOTIONS TO DISMISS ARE DENIED WITHOUT PREJUDICE. THE CLERK SHALL MARK THIS ACTION CLOSED FOR ALL PURPOSES. SIGNED BY HONORABLE GENE E.K. PRATTER ON 11/3/16. 11/4/16 ENTERED AND COPIES E-MAILED.(gs)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA LEROY ADAMS : : : : : : : : Plaintiff, v. NORFOLK SOUTHERN RAILWAY COMPANY et al., Defendants. CIVIL ACTION No. 16-4135 ORDER AND NOW, this 3rd day of November, 2016, upon consideration of the Defendants’ Motions to Dismiss, and in the Alternative, to Transfer Venue (Doc. Nos. 8, 9, and 10), Plaintiff’s Responses (Doc. Nos. 19, 20, and 21), The Procter & Gamble Company’s Reply (Doc. No. 26), and following oral argument on October 26, 2016, it is hereby ORDERED that Defendants’ Motions (Doc. Nos. 8, 9, and 10) are GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART such that: 1. Defendants’ Motions to Transfer (Doc. Nos. 8, 9, and 10) are GRANTED. 2. The Clerk of Court shall TRANSFER this action to the United States District Court for the Middle District of Pennsylvania. 3. Defendants’ Motions to Dismiss (Doc Nos. 8, 9, and 10) are DENIED WITHOUT PREJUDICE. 4. The Clerk of Court shall mark this action CLOSED for all purposes, including statistics. BY THE COURT: /s/ Gene E.K. Pratter GENE E.K. PRATTER UNITED STATES DISTRICT JUDGE

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