Howard v Wyndham Hotel Management Inc

Filing 35

Order Accepting 34 Findings and Recommendations: The court denies Defendant JJ&P Hotels, LLC's 27 Motion to Dismiss Due to Improper Venue; grants Defendant's 27 Alternative Motion to Transfer Venue pursuant to 28 U.S.C. § 1404(a); and directs the clerk of the court to transfer this action to the United States District Court for the Western District of Oklahoma. (Ordered by Judge Sam A Lindsay on 1/11/2016) (sss)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

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WESLEY HOWARD,
Plaintiff,
v.
JJ&P HOTELS, LLC d/b/a BAYMONT
INN,
Defendant.

Civil Action No. 3:15-CV-903-L

ORDER
Before the court is Defendant JJ&P Hotels, LLC’s Motion to Dismiss Due to Improper
Venue or, in the Alternative, Motion to Transfer Venue (Doc. 27), filed September 30, 2015. The
motion was referred to Magistrate Judge David L. Horan, who entered Findings, Conclusions and
Recommendation of the United States Magistrate Judge (“Report”) on November 23, 2015,
recommending that the court deny Defendant’s Motion to Dismiss Due to Improper Venue; grant
Defendant’s Alternative Motion to Transfer Venue pursuant to 28 U.S.C. § 1404(a); and transfer this
case to the United States District Court for the Western District of Oklahoma. No response to the
motion or objections to the Report were filed.
Having reviewed the motion, the evidence filed in support of the motion, record in this case,
and Report, the court determines that the findings and conclusions are correct, and accepts them as
those of the court. Accordingly, the court denies Defendant JJ&P Hotels, LLC’s Motion to Dismiss
Due to Improper Venue; grants Defendant’s Alternative Motion to Transfer Venue pursuant to 28

Order – Page 1

U.S.C. § 1404(a); and directs the clerk of the court to transfer this action to the United States
District Court for the Western District of Oklahoma.
It is so ordered this 11th day of January, 2016.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2