Sundheim v. JLG Industries Inc

Filing 12

ORDER GRANTING STIPULATED MOTION TO TRANSFER - denied without prejudice 5 Motion to Dismiss for Lack of Jurisdiction; and granting 11 Motion. Signed by Judge Salvador Mendoza, Jr. (CC, Case Administrator)

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Jan 09, 2017

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SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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JEREMY SUNDHEIM, a married
individual,

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Plaintiff,

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v.

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No. 2:16-CV-0333-SMJ

ORDER GRANTING
STIPULATED MOTION TO
TRANSFER

JLG INDUSTRIES, INC., a
Pennsylvania Corporation,

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Defendant.
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Before the Court, without oral argument, is the parties’ Motion to Transfer

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Under 28 U.S.C. § 1404 and Notice of Withdrawal of Motion to Dismiss, ECF No.

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11. The parties have conferred and determined that the proper venue for this matter

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is the United States District Court for the District of Montana, Great Falls Division.

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ECF No. 11. The parties have agreed to the exercise of personal jurisdiction by the

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District of Montana, and move to transfer this matter to that court. ECF No. 11.

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Having reviewed the pleadings and the file in this matter, the Court is fully informed

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and grants the parties’ motion to transfer.

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Accordingly, IT IS HEREBY ORDERED:

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ORDER - 1

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Withdrawal of Motion to Dismiss, ECF No. 11, is GRANTED.

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2.

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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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This matter is TRANSFERRED to United States District Court for
the District of Montana.

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The parties’ Motion to Transfer Under 28 U.S.C. § 1404 and Notice of

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Absent an order by the transferee court, Defendant shall have 21 days
after transfer is complete to file a response to Plaintiff’s complaint.

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and

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provide copies to all counsel, transfer this case to the United States District Court

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for the District of Montana, and close this file.

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DATED this 9th day of January 2017.

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__________________________
SALVADOR MENDOZA, JR.
United States District Judge

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ORDER - 2