United States District Court, M.D. Louisiana
RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE
take notice that the attached Magistrate Judge's Report
has been filed with the Clerk of the United States District
accordance with 28 U.S.C. § 636(b)(1), you have fourteen
(14) days after being served with the attached Report to file
written objections to the proposed findings of fact,
conclusions of law and recommendations therein. Failure to
file written objections to the proposed findings,
conclusions, and recommendations within 14 days after being
served will bar you, except upon grounds of plain error, from
attacking on appeal the unobjected-to proposed factual
findings and legal conclusions of the Magistrate Judge which
have been accepted by the District Court.
NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN
OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT.
JUDGE'S REPORT AND RECOMMENDATION
the Court is Full Service Systems Corporation's
(“FSSC”) Motion to Transfer Venue (R. Doc. 15)
filed on August 21, 2017. The motion is opposed. (R. Doc.
21). FSSC has filed a Reply. (R. Doc. 23).
before the Court is PNK (Lake Charles), L.L.C. d/b/a
L'Auberge Lake Charles's (“PNK”) Motion
to Transfer Venue (R. Doc. 17) filed on August 22, 2017. The
motion is opposed. (R. Doc. 22).
7, 2017, Thomas Parker (“Plaintiff”), who is
domiciled in Bastrop County, Texas, commenced the instant
action against Pinnacle Entertainment, Inc. d/b/a
L'Auberge Du Lac Casino Hotel, alleging that he slipped
and fell at a casino owned and operated by Pinnacle
Entertainment, specifically located at 777 L'Auberge
Avenue, Baton Rouge, Louisiana, 70820. (R. Doc. 1 at 2). The
Complaint was signed by Plaintiff's counsel, as required
by Rule 11 of the Federal Rules of Civil Procedure.
28, 2017, Plaintiff filed a Supplemental and Amending
Complaint for Damages. (R. Doc. 3). In this pleading,
Plaintiff removed his claims against Pinnacle Entertainment
and named as defendants PNK and FSSC (collectively,
“Defendants”). (R. Doc. 3 at 1). Plaintiff now
alleges that he slipped and fell at a casino owned and
operated by PNK located in Lake Charles, Louisiana. (R. Doc.
3 at 2). Lake Charles is in the Western District of Louisiana
and is well over 100 miles aware from where Plaintiff
originally alleges the incident occurred.
August 21, 2017, FSSC filed its Motion to Transfer Venue,
which seeks to transfer venue of this action to the U.S.
District Court for the Western District of Louisiana. (R.
Doc. 15). PNK subsequently filed its own Motion to Transfer
Venue, which joins and adopts by reference the motion and
accompanying memorandum filed by FSSC. (R. Doc. 17).
Argument of the Parties
support of transfer, Defendants argue that while venue is
proper in the Middle District of Louisiana, the Western
District of Louisiana is the most convenient venue for all
parties. (R. Doc. 15-1 at 2). In support of this position,
Defendants contend that the incident occurred within the
Western District, FSSC has no contacts with the Middle
District, any potential witnesses for FSSC (and likely PNK)
will come from the Western District, any potential evidence
will be located in the Western District, and transfer would
not involve any choice of law or conflicts of law issues. (R.
Doc. 15-1 at 3). With regard to Plaintiff's choice of
forum, Defendants argue that it appears that the action was
filed in the Middle District ...