Sarwari v. United States of America

Filing 8

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 10/30/2014. (jsmi, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

NAVEED SARWARI

Plaintiff,
V.

Civil Case No. 3:14-cv-398

UNITED STATES OF AMERICA

Defendant.

MEMORANDUM OPINION

This matter comes before the Court on the defendant's Motion to Transfer Venue. (Dk.

No. 3.) Naveed Sarwari ("Sarwari"), sued the United States under the Federal Tort Claims Act

("FTCA"), 28 U.S.C. § 1346(b), for injuries arising from a vehicle accident near Playas, New
Mexico. The United States asks the Court to transfer the case to the District of New Mexico or,

alternatively, the Alexandria Division of the Eastern District of Virginia.

The parties agree that Sarwari could have brought the claim in either of those venues;
indeed, Sarwari admits he filed in the Richmond Division erroneously. Under Local Rule 3(C),

this Court may "transfer an action from a division in which venue is improper to a division in
which venue properly lies." Sicienski v. Saxon Mortg. Svcs., Inc., No. 3:07-cv-243, WL 2071711

(July 11, 2007). Therefore, under the background assumption that venue should lie in the
Alexandria Division, the Court need only determine whether the convenience and justice of
transferring to New Mexico outweighs the burdens of doing so.
Because convenience and justice favor Alexandria, the Court GRANTS the United
States' motion to transfer venue and TRANSFERS the case to the Alexandria Division of the

Eastern District of Virginia.