Black v. Federal Deposit Insurance Corporation ("FDIC")

Filing 19

ORDER granting 18 Joint Motion to Dismiss and/or to Change Venue. Accordingly, the court ORDERS that this case shall be transferred to the United States District Court for the District of South Carolina for all further proceedings and trial, if necessary. The parties shall pay their own costs and attorney's fees, if any. Signed by Senior Judge James C. Fox on 8/31/2011. (Edwards, S.) [Transferred from North Carolina Eastern on 8/31/2011.]

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No.5:1O-CV-596-F

MARK H. BLACK, Attorney at Law, P.C.,
and MARK H. BLACK, Individually,
Plaintiffs,
v.

FEDERAL DEPOSIT INSURANCE
CORP., as Receiver for Beach First
National Bank,
Defendant.

)
)
)
)
)
)
)
)
)
)

ORDER

This matter is before the court upon the joint request of the parties for an order that would
resolve Defendant's Motion to Dismiss or, in the Alternative, for Transfer of Venue.
Having considered the motion of Defendant Federal Deposit Insurance Corp., as Receiver
for Beach First National Bank, and the parties' joint request to resolve Defendant's motion by
transferring this case to the District of South Carolina, the court finds that because Beach First
National Bank's principal place of business is in Myrtle Beach, South Carolina, the parties' request
for transfer of venue is ALLOWED pursuant to 28 U.S.C. § 1406 and 28 U.S.C. § 1631.
Accordingly, the court ORDERS that this case shall be transferred to the United States
District Court for the District of South Carolina for all further proceedings and trial, if necessary.
The parties shall pay their own costs and attorney's fees, if any.
SO ORDERED.
This the 31 th day of August, 2011.

ES C. FOX
ior United States District Judge