MURRAY v. UNION PACIFIC RAILROAD COMPANY, 2:15-cv-31-DPM. (2015)
Court: District Court, E.D. Arkansas
Number: infdco20150522719
Visitors: 13
Filed: May 20, 2015
Latest Update: May 20, 2015
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . The Union Pacific's motion to dismiss or transfer based on bad venue, No. 3, is denied. First, Title VII's venue provision is satisfied: it speaks of a district, not a division. Venue is proper anywhere in the Eastern District of Arkansas insofar as the letter of Title VII. Second, the case for transfer under 28 U.S.C. 1404 & 1406 is close. There are witnesses in both divisions. Key events occurred in both. Some documents are at the yard in N
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . The Union Pacific's motion to dismiss or transfer based on bad venue, No. 3, is denied. First, Title VII's venue provision is satisfied: it speaks of a district, not a division. Venue is proper anywhere in the Eastern District of Arkansas insofar as the letter of Title VII. Second, the case for transfer under 28 U.S.C. 1404 & 1406 is close. There are witnesses in both divisions. Key events occurred in both. Some documents are at the yard in No..
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ORDER
D.P. MARSHALL, Jr., District Judge.
The Union Pacific's motion to dismiss or transfer based on bad venue, No. 3, is denied. First, Title VII's venue provision is satisfied: it speaks of a district, not a division. Venue is proper anywhere in the Eastern District of Arkansas insofar as the letter of Title VII. Second, the case for transfer under 28 U.S.C. §§ 1404 & 1406 is close. There are witnesses in both divisions. Key events occurred in both. Some documents are at the yard in North Little Rock, but this is not a document-centered case. Out-of-state folks must travel to either Little Rock or Helena. Little Rock would be a bit more convenient for them, but there's an airport in Memphis and the drive to Helena isn't a great burden. Plaintiff chose the Eastern Division—Helena. And his choice is entitled to substantial weight. All material things considered, the railroad has not demonstrated that a transfer between divisions is justified.
So Ordered.
Source: Leagle
