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