Cashio et al v. 3M Company et al
Filing
187
MEMORANDUM OPINION OF THE COURT signed by District Judge Todd J. Campbell on 7/10/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MARK D. CASHIO, et al.
v.
3M COMPANY, et al.
)
)
) NO. 3-15-0489
) JUDGE CAMPBELL
)
MEMORANDUM
Pending before the Court, among other things, is Plaintiff’s Motion to Transfer Venue
(Docket No. 166). For the reasons stated herein, Plaintiff’s Motion is GRANTED, pursuant to 28
U.S.C. § 1404(a), and this action is transferred to the U.S. District Court for the Western District of
Louisiana at Shreveport.
FACTS
Plaintiffs filed this action alleging that, while Plaintiff Mark Cashio was an officer in the
U.S. Air Force and stationed at England Air Force Base in Alexandria, Louisiana, he was exposed
to asbestos fibers which caused him to have malignant mesothelioma, a fatal cancer of the lining of
the lung or abdominal cavity.
Plaintiffs allege causes of action against Defendants for negligence, failure to warn, strict
liability, misrepresentation and conspiracy. Numerous Defendants have filed Motions to Dismiss
for lack of personal jurisdiction, and those Motions are still pending. Plaintiffs now have moved to
transfer venue of this case to Louisiana “in the interests of justice.”
TRANSFER OF VENUE
Plaintiffs have requested, if the Court finds that venue is improper here, that it transfer this
case to the U.S. District Court for the Western District of Louisiana. 28 U.S.C. § 1406(a) does
provide that, if it be in the interest of justice, the Court may transfer any case which is filed in the
wrong venue to any district in which it could have been brought.
28 U.S.C. § 1404(a) provides: “For the convenience of parties and witnesses, in the interest
of justice, a district court may transfer any civil action to any other district or division where it might
have been brought.” As the permissible language of the transfer statute suggests, district courts have
broad discretion to determine when party convenience or the interest of justice make a transfer
appropriate. Reese v. CNH America LLC, 574 F.3d 315, 320 (6th Cir. 2009).
The Court finds, in its discretion, that this case should be transferred to the Western District
of Louisiana, where Plaintiff’s exposure to asbestos occurred and where Defendants’ products
allegedly containing asbestos were located. Whether or not venue is proper in this Court, and
particularly in light of Mr. Cashio’s serious health condition, the interests of justice are best served
by this transfer.
IT IS SO ORDERED.
___________________________________
TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE
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