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Parker v. PNK Lake Charles LLC

United States District Court, M.D. Louisiana

October 12, 2017

THOMAS PARKER
v.
PNK LAKE CHARLES LLC, ET AL.

          RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE

         NOTICE

         Please take notice that the attached Magistrate Judge's Report has been filed with the Clerk of the United States District Court.

         In 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.

         ABSOLUTELY NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT.

         MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

         Before 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).

         Also 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).

         I. Background

         On June 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.

         On June 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.

         On 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).

         II. Argument of the Parties

         In 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 ...


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