Sene v. United States of America

Filing 15

ORDER DENYING DEFENDANT'S MOTION TO DISMISS AND TRANSFERRING CASE 8 . granting 8 Motion to Change Venue. Case transferred to USDC for Eastern District of North Carolina Signed by Judge Salvador Mendoza, Jr. (VR, Courtroom Deputy)

Download PDF
1 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 4 KENESE SENE, No. 1:17-CV-03081-SMJ 5 Plaintiff, ORDER DENYING DEFENDANT’S MOTION TO DISMISS AND TRANSFERRING CASE 6 v. 7 UNITED STATES OF AMERICA, 8 Defendant. 9 10 Before the Court, without oral argument, is the Government’s Motion to 11 Dismiss or Alternatively to Transfer Venue, ECF No. 8. The Government 12 contends that Plaintiff has failed to plead sufficient facts to state a claim for 13 medical malpractice liability under North Carolina law. Because this action arises 14 under the Federal Tort Claims Act, the Plaintiff must show that the United States 15 would be liable as a private individual under the law of the state where the alleged 16 negligence occurred—in this case, North Carolina. 28 U.S.C. § 2674. Because 17 Plaintiff could conceivably amend his complaint to satisfy the pleading 18 requirements, the Court denies the Government’s motion to dismiss Plaintiff’s 19 complaint. 20 ORDER - 1 1 In the alternative to dismissing the case, the Government asks this Court to 2 transfer the case to the Eastern District of North Carolina. Plaintiff opposes the 3 transfer. However, the Court finds that the interests of the parties and witnesses 4 and the efficient administration of justice dictate that the proper venue for this 5 matter is the United States District Court for the Eastern District of North 6 Carolina. 7 Accordingly, IT IS HEREBY ORDERED: 8 1. The Government’s Motion to Motion to Dismiss or Alternatively to Transfer Venue, ECF No. 8, is GRANTED IN PART AND 9 10 DENIED IN PART. 11 A. The Government’s motion to dismiss Plaintiff’s claim is DENIED. 12 B. 13 The Government’s motion to transfer venue to the United 14 States District Court for the Eastern District of North Carolina 15 is GRANTED. 16 2. the Eastern District of North Carolina. 17 18 This matter is TRANSFERRED to United States District Court for 3. Defendant’s Motion to Dismiss, ECF No. 5, is DENIED WITHOUT PREJUDICE to renewal in the transferee court. 19 20 ORDER - 2 1 IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order 2 and provide copies to all counsel, transfer this case to the United States District 3 Court for the Eastern District of North Carolina and close this file. 4 DATED this 22nd day of September 2017. 5 __________________________ SALVADOR MENDOZA, JR. United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ORDER - 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?