Harris v. Blockbuster, Inc.

Filing 26

ORDER dismissing without prejudice 8 Motion to Change Venue. Signed by Judge David Folsom on 11/14/08. (mrm, )

Harris v. Blockbuster, Inc.

Doc. 26

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION CATHRYN ELAINE HARRIS, et al., Plaintiffs, vs. BLOCKBUSTER INC., Defendant. § § § § § CIVIL ACTION NO. 2:08-CV-155-DF § § § § ORDER Before the Court is Defendant's Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a). Dkt. No. 8. Also before the Court are Plaintiffs' response, Defendant's reply, and Plaintiffs' sur-reply. Dkt. Nos. 11, 12 & 13. Having considered all relevant papers and pleadings, the Court finds that Defendant's motion should be DISMISSED WITHOUT PREJUDICE. The present motion was filed on June 17, 2008 and the last sur-reply was filed on July 24, 2008. Since that time, the Fifth Circuit has issued its opinion in In re Volkswagen, No. 07-40058, 2008 WL 4531718 (5th Cir. 2008) (en banc). As the parties' briefing in support and opposition does not address the Circuit's recent opinion in Volkswagen, this Court dismisses the present motion

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without prejudice. The parties may refile this motion and, if they chose to do so, should brief this Court on the recent Volkswagen decision. IT IS SO ORDERED.

SIGNED this 14th day of November, 2008.

____________________________________ -1- DAVID FOLSOM UNITED STATES DISTRICT JUDGE

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