United States District Court, W.D. Louisiana, Shreveport Division
G. JAMES, JUDGE.
L. HAYES, UNITED STATES MAGISTRATE JUDGE.
February 8, 2018, Plaintiff filed the instant Motion [doc.
#46] seeking reconsideration of the order transferring this
case from the Eastern District of Texas (“EDTX”)
to the Western District of Louisiana
(“WDLA”). For reasons that follow, Plaintiff's
Motion for reconsideration is
November 22, 2016, Plaintiff filed this action in the United
States District Court of the EDTX. See Complaint,
doc. #1. On February 10, 2017, Defendant filed a motion to
dismiss for lack of personal jurisdiction and improper venue,
or, alternatively, to transfer venue [doc. #4]. In his
sur-reply to Defendant's motion [doc. #10], Plaintiff
states the following:
In the unlikely event that this Court determines it does not
have jurisdiction over the defendant, Plaintiff would request
the Court transfer the case to the Western District of
Louisiana in Shreveport, as the Middle District of North
Carolina would be extremely inconvenient for all nonparty
witnesses, including doctors in Texas and first responders in
Sur-Reply, doc. #10, pp. 2-3. At the hearing on
Defendant's motion, Magistrate Judge Roy S.
stated that he would grant Defendant's request to
transfer venue and inquired into Plaintiff's preference
of new venue:
Court: ….I would assume that your preferred course
would be to transfer it to the Western District of Louisiana
as opposed to dismissal.
Mr. Ross: Yes, your Honor.
Transcript of Motion Hearing, June 13, 2017, doc. 49-1, p:
15, lines 8-11.
13, 2017, Magistrate Judge Payne entered an order
transferring the case to the WDLA [doc. #13]. In that order,
Magistrate Judge Payne held as follows:
Because the Court lacks personal jurisdiction over Mabe, and
hence venue under § 1391(b)(1) is improper, the Court
finds it suitable in the “interests of justice”
to transfer the case to the Western District of Louisiana,
the district where the accident occurred. See 28 U.S.C.