Foley v. Jaguar Land Rover North America LLC

Filing 14

ORDER granting 12 Motion to Change Venue. Signed by Honorable R Bryan Harwell on 2/7/2011.(hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Keelea Foley

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Plaintiff,
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v.
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Jaguar Land Rover North America, LLC )
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Defendant.
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Civil Action No.: 4:12-cv-00046-RBH

ORDER

This lawsuit arises from a dispute between Plaintiff, Keela Foley (“Plaintiff”) and
Defendant Jaguar Land Rover North America, LLC (“Defendant”) concerning the sale of an
allegedly defective vehicle. Currently pending before the Court is Defendant’s Motion to Correct
Venue. [Doc. # 12.] Specifically, Defendant requests that the case be reassigned to the Charleston
Division. Although a response to this Motion was due by January 30, 2012, Plaintiff has filed no
response in opposition.
Pursuant to Local Civil Rule 3.01(A)(1), “[e]xcept for actions by prisoners and social
security cases all civil cases must be assigned to that division of the district . . . where a
substantial part of the events or omissions giving rise to the claim occurred, where any natural
defendant resides or where any corporate/other organization defendant does business relating to
the events or omissions alleged . . . .” Further, “[a]ny case may be transferred for case
management or trial from one division to another division on motion of any party for good cause
shown . . . .” Local Rule 3.01(C).
Here, Defendant, in its Notice of Removal, argued that the correct venue for this action
was the Charleston Division, as the subject matter of this action occurred in Charleston County.
[Doc. # 1, at ¶ 5.] Further, as Defendant points out in its Motion, Plaintiff admits in her
Complaint that she resides in Charleston County, the vehicle at issue was purchased from a
Charleston dealership, and all repairs referred to in the Complaint occurred at the Charleston

dealership. [Doc. # 12, at 1–3.] Further, Defendant contends that all South Carolina-based
witnesses relevant to this action are located in Charleston County. [Id. at 3.]
Given that Defendant raised the division assignment upon removal and stated numerous
reasons supporting division reassignment in its follow-on motion, coupled with Plaintiff’s failure
to object to this case being transferred, this Court finds that good cause exists to transfer this case
from the Florence Division to the Charleston Division.

Therefore, it is ORDERED that:
1.

Defendant’s Motion to Correct Venue is GRANTED; and

2.

The clerk shall transfer the above-captioned case from the Florence Division to the
Charleston Division and reassign the matter to the appropriate judge for further
handling of the case.

IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
Florence, South Carolina
February 7, 2012

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