Woods v. Union Pacific Railroad Company

Filing 18

OPINION AND ORDER denying 14 Motion to Transfer Case.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
CLEVELAND WOODS

§
§
V.
§
§
UNION PACIFIC RAILROAD COMPANY §

CIVIL ACTION NO. G-11-350

OPINION AND ORDER
Because the “forum selection clause” contained in the Federal Employer’s Liability Act,
45 U.S.C. § 56, permits a Plaintiff, like Cleveland Woods, to bring an action in the District Court
of any federal district “in which the Defendant shall be doing business at the time of commencing
such action,” and it is undisputed that Defendant, Union Pacific Railroad Company, does business
within the Galveston Division of the Southern District of Texas, it is ORDERED that Union
Pacific’s “Motion to Transfer Venue” (Instrument no. 14) is DENIED. Cf. Boyd v. Grand Trunk
Western R.R. Co., 338 U.S. 263, 265 (1949)
DONE at Galveston, Texas, this

30th

day of November, 2011.