Moore v. F/V Pacific Marit, Inc. et al

Filing 10

ORDER granting 9 Stipulated Motion to Transfer Case to USDC, Eugene Oregon by Judge Richard A Jones.(RS)

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THE HONORABLE RICHARD A. JONES
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GARY MOORE,
No. 2:16-cv-01876-RAJ

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Plaintiff,
v.
F/V PACIFIC MARIT, INC., and/or
BRENDAN BATES,

PROPOSED STIPULATED MOTION AND
ORDER OF TRANSFER TO THE U.S.
DISTRICT COURT FOR THE DISTRICT
OF OREGON, EUGENE DIVISION

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Defendants.
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COME NOW the parties above named, through their respective counsel of record,

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and stipulate to the entry of an Order of Transfer to the United States District Court for the

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District of Oregon, Eugene Division, for the reason that the Western District of Washington

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lacks personal jurisdiction and the proper venue is in the Eugene Division of the District of

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Oregon.

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I.

MOTION AND STIPULATION

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A transfer is mandated by 28 U.S.C. §1631, because there is a want of jurisdiction in

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the Western District of Washington, the proper venue is the Eugene Division in the District

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of Oregon, and a transfer is in the interest of justice.
PROPOSED STIPULATION AND ORDER
OF TRANSFER - Page 1
(Cause No. 2:16-cv-01876-RAJ)
{28162-00282438;1}

Le Gros Buchanan
& Paul
4025 Delridge way sw
SUITE 500
SEATTLE, WASHINGTON 98106-1271
[phone]

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None of the parties reside in Washington State. They are all domiciled in Oregon,

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specifically in Douglas County. Defendants lack the requisite contacts with Washington

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State for an exercise of jurisdiction. Moreover, the alleged and disputed injury allegedly

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occurred while fishing off the coast of Coos Bay, Oregon.

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This action should have been filed in the United States District Court for the District

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of Oregon, Eugene Division. Under Local Rule 3-2, the Eugene Division encompasses both

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Coos and Douglas Counties. Furthermore, the proper venue for Plaintiff’s Jones Act claim is

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where the defendant either resides, transacted substantial business, or where the action arose.

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E.g. Pure Oil Co. v. Suarez, 384 U.S. 202, 204, 86 S. Ct. 1394, 1395, 16 L. Ed. 2d 474

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(1966) (venue proper where corporate defendant “transacted a substantial amount of

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business”). Oregon is the paradigm forum. For a corporation, “[t]he paradigmatic locations

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where general jurisdiction is appropriate … are its place of incorporation and its principal

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place of business.” Ranza v. Nike, Inc., 793 F.3d 1059, 1069 (9th Cir. 2015). “For an

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individual, the paradigm forum for the exercise of general jurisdiction is the individual’s

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domicile ....” Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915, 924, 131

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S.Ct. 2846, 180 L.Ed.2d 796 (2011).

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A transfer is in the interest of justice, because a dismissal for lack of jurisdiction

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would time-bar Plaintiff’s action. See Complaint (Dkt #1) (alleging injury in or about

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December/January 2013/2014).

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For these reasons, the parties hereby stipulate to a transfer to the United States
District Court for the District of Oregon, Eugene Division.

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///

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///
PROPOSED STIPULATION AND ORDER
OF TRANSFER - Page 2
(Cause No. 2:16-cv-01876-RAJ)
{28162-00282438;1}

Le Gros Buchanan
& Paul
4025 Delridge way sw
SUITE 500
SEATTLE, WASHINGTON 98106-1271
[phone]

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DATED this 19th day of January, 2017.

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LE GROS BUCHANAN & PAUL

O’BRYAN BAUN KARAMANIAN

By: s/ Markus B.G. Oberg
Markus B.G. Oberg, WSBA #34914
LeGros, Buchanan & Paul
4025 Delridge Way SW, Suite 500
Seattle, WA 98106-1271
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail];
Attorneys for Defendants F/V Pacific
Marit, Inc., and Brendan Bates

By: s/ Dennis M. O’Bryan (via email
authorization 1.19.2017)
Dennis M. O’Bryan, MI Bar #P30545
Pro Hac Vice
401 S. Old Woodward, Suite 463
Birmingham, MI 48009
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff

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DAVIS LAW GROUP, P.C.
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By: s/ Christopher M. Davis (via email
authorization 1.19.2017)
Christopher M. Davis, WSBA #23234
2101 4th Ave. #1030
Seattle, WA 98121
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff

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II.

ORDER

IT IS ORDERED that the above-captioned lawsuit be and hereby is TRANSFERRED
to United States District Court for the District of Oregon, Eugene Division.
DATED this 23rd day of January, 2017.

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A

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The Honorable Richard A. Jones
United States District Judge
PROPOSED STIPULATION AND ORDER
OF TRANSFER - Page 3
(Cause No. 2:16-cv-01876-RAJ)
{28162-00282438;1}

Le Gros Buchanan
& Paul
4025 Delridge way sw
SUITE 500
SEATTLE, WASHINGTON 98106-1271
[phone]