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Franco v. Mabe Trucking Co. Inc.

United States District Court, W.D. Louisiana, Shreveport Division

March 8, 2018

DAVID FRANCO
v.
MABE TRUCKING CO., INC.

          ROBERT G. JAMES, JUDGE.

          MEMORANDUM OPINION

          KAREN L. HAYES, UNITED STATES MAGISTRATE JUDGE.

         On 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”).[1] For reasons that follow, Plaintiff's Motion for reconsideration is DENIED.[2]

         Background

         On 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 Louisiana.

Sur-Reply, doc. #10, pp. 2-3. At the hearing on Defendant's motion, Magistrate Judge Roy S.

         Payne 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.

         On June 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. ...

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