Federal Judiciary

Motion to Transfer Denied at to DC, Granted as to ED of Virginia

By Michael C. Smith

Digital-Vending v. Univ. of Phoenix, 2:08cv91

Judge: Chad Everingham

Holding: Motion to Transfer Venue GRANTED

Judge Everingham denied the defendants' motion to transfer to the District of Columbia as moot because he granted the alternative motion to transfer to a different location.  Although Plaintiff opposed Defendants? motion to transfer to DC and argued that a transfer was not appropriate, Plaintiff argued that if the Court determines that transfer is appropriate, that a transfer to the Eastern District of Virginia is more convenient and appropriate.than a transfer to the District of Columbia.  Judge Everingham agreed and sent the case to Virginia, where he found numerous witnesses were located.

Full post as published by Eastern District of Texas Federal Court Practice on December 15, 2009 (boomark / email).