SOUTH PARK VENTURES, LLC v. JACK et al

Filing 25

MEMORANDUM ORDER indicating that that the Report and Recommendation 24 of Magistrate Judge Robert C. Mitchell is hereby adopted as the opinion of the district court; that the Defendants' Motion to Transfer ( 8 Errata 11 ) is granted; that the Clerk of Court shall transfer this action to the United States District Court for the Southern District of Ohio, Eastern Division forthwith. Signed by Judge Nora Barry Fischer on 9/13/17. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SOUTH PARK VENTURES, LLC,
Plaintiff,
v.
JOHN JACK, NOBLE ZICKEFOOSE,
and TERRY CLARK,
Defendant.

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2:17-cv-373
District Judge Nora Barry Fischer
Magistrate Judge Robert C. Mitchell

MEMORANDUM ORDER
The present action was initiated in this Court on March 23, 2017 and was referred to
Magistrate Judge Robert C. Mitchell for pretrial proceedings in accordance with the Magistrate
Judges Act, 28 U.S.C. § 636(b)(1), and Local Rules of Court 72.C and 72.D. On May 2, 2017,
the above-captioned Defendants filed the pending Motion to Transfer and Brief in Support,
seeking to have the case transferred to the United States District Court for the Southern District
of Ohio, Eastern Division pursuant to 28 U.S.C. § 1404(a). (Docket Nos. 8 Errata 11, 9).
Plaintiff filed a Brief in Opposition to Defendants’ Motion on May 30, 2017, (Docket No. 16),
and Defendants filed a Reply Brief on June 13, 2017. (Docket No. 13). On August 28, 2017,
Magistrate Judge Mitchell issued a Report & Recommendation (“R&R”) that recommended
granting Defendants’ Motion to Transfer. (Docket No. 24). Service of the R&R was made on all
parties.
The parties were informed that objections to the R&R were due by September 11, 2017
and that failure to timely file same will waive the right of appeal. To date, no objections have
been filed and the time to do so has expired. Accordingly, after a de novo review of the
pleadings and documents in this case, together with the R&R, the following order is entered:

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IT IS HEREBY ORDERED that the R&R [24] of Magistrate Judge Robert C. Mitchell is
hereby adopted as the opinion of the district court;
IT IS FURTHER ORDERED that the Defendants’ Motion to Transfer [8] Errata [11] is
GRANTED.
IT IS FURTHER ORDERED that the Clerk of Court shall transfer this action to the
United States District Court for the Southern District of Ohio, Eastern Division FORTHWITH.
/s/ Nora Barry Fischer
Nora Barry Fischer
United States District Judge
Date: September 13, 2017
cc/ecf: All counsel of record.

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