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PENNINGTON v. INTEGRITY COMMUNICATIONS, INC., 4:11CV02030 AGF. (2012)

Court: District Court, E.D. Missouri Number: infdco20120106937 Visitors: 7
Filed: Jan. 05, 2012
Latest Update: Jan. 05, 2012
Summary: MEMORANDUM AND ORDER AUDREY G. FLEISSIG, District Judge. This matter is before the Court on Defendants' joint motion to transfer divisional venue to the Southeastern Division of this District. Plaintiff did not respond to the motion, and the time to do so has expired. For the reasons set forth below, the Court will grant Defendants' motion and transfer this case to the Southeastern Division of the Eastern District of Missouri. Local Rule 3-2.07(B)(2) of the United States District Court for t
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MEMORANDUM AND ORDER

AUDREY G. FLEISSIG, District Judge.

This matter is before the Court on Defendants' joint motion to transfer divisional venue to the Southeastern Division of this District. Plaintiff did not respond to the motion, and the time to do so has expired. For the reasons set forth below, the Court will grant Defendants' motion and transfer this case to the Southeastern Division of the Eastern District of Missouri.

Local Rule 3-2.07(B)(2) of the United States District Court for the Eastern District of Missouri states in pertinent part that "[a]ll actions brought against multiple defendants all of whom reside in the same division must be brought in that division, or in the division where the claim for relief arose." Here, the two individual Defendants maintain that they are both residents of New Madrid County, Missouri, and the corporate Defendant states that it is organized under the laws of the State of Missouri, with its principal place of business in New Madrid County. Defendants have supported these contentions with proper documentation. New Madrid County is within the Southeastern Division. It would also appear from the complaint that Plaintiff's claim arose in no particular venue but in several states. Pursuant to Local Rule 3-2.07(B)(2), divisional venue is proper in this case in the Southeastern Division. The Court finds that this case should have been originally filed in the Southeastern Division, and the Court will order a divisional transfer, pursuant to Local Rule 3-2.07(D).

Accordingly,

IT IS HEREBY ORDERED that Defendants' motion for transfer to the Southeastern Division of the United States District Court for the Eastern District of Missouri is GRANTED. (Doc. No. 11.)

IT IS FURTHER ORDERED that the Clerk of the Court shall reassign this case to the Southeastern Division.

Source:  Leagle

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