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)

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FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 1 Jan 09, 2017 2 SEAN F. MCAVOY, CLERK UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 4 5 JEREMY SUNDHEIM, a married individual, 6 Plaintiff, 7 v. 8 No. 2:16-CV-0333-SMJ ORDER GRANTING STIPULATED MOTION TO TRANSFER JLG INDUSTRIES, INC., a Pennsylvania Corporation, 9 Defendant. 10 11 Before the Court, without oral argument, is the parties’ Motion to Transfer 12 Under 28 U.S.C. § 1404 and Notice of Withdrawal of Motion to Dismiss, ECF No. 13 11. The parties have conferred and determined that the proper venue for this matter 14 is the United States District Court for the District of Montana, Great Falls Division. 15 ECF No. 11. The parties have agreed to the exercise of personal jurisdiction by the 16 District of Montana, and move to transfer this matter to that court. ECF No. 11. 17 Having reviewed the pleadings and the file in this matter, the Court is fully informed 18 and grants the parties’ motion to transfer. 19 Accordingly, IT IS HEREBY ORDERED: 20 ORDER - 1 1 1. Withdrawal of Motion to Dismiss, ECF No. 11, is GRANTED. 2 3 2. 3. Defendant’s Motion to Dismiss, ECF No. 5, is DENIED WITHOUT PREJUDICE to renewal in the transferee court. 6 7 This matter is TRANSFERRED to United States District Court for the District of Montana. 4 5 The parties’ Motion to Transfer Under 28 U.S.C. § 1404 and Notice of 4. Absent an order by the transferee court, Defendant shall have 21 days after transfer is complete to file a response to Plaintiff’s complaint. 8 9 IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and 10 provide copies to all counsel, transfer this case to the United States District Court 11 for the District of Montana, and close this file. 12 DATED this 9th day of January 2017. 13 __________________________ SALVADOR MENDOZA, JR. United States District Judge 14 15 16 17 18 19 20 ORDER - 2

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