Jones v. Hoosier Energy Rural Electric Cooperative, Inc., et al
Connie Jones |
Hoosier Energy Rural Electric Cooperative, Inc., and G.E. Betz |
3:2017cv03226 |
October 13, 2017 |
US District Court for the Central District of Illinois |
Springfield Office |
Shelby |
Sue E. Myerscough |
Tom Schanzle-Haskins |
Other Personal Injury |
28 U.S.C. ยง 1332 |
Plaintiff |
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Filing 29 OPINION: Defendant G.E. Betz, Inc.'s Motion to Dismiss (d/e 10 ) and Defendant Hoosier Energy Rural Electric Cooperative, Inc.'s Motion to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction and Improper Venue (d/e 12 ) are GRANTED. Rather than dismiss Plaintiff's claims against Hoosier Energy, the Court TRANSFERS this case to the Southern District of Indiana, the alternative relief Hoosier Energy sought in its motion. Any claim for damages by Plaintiff against G.E. Betz is DISMISSED WITH PREJUDICE. Plaintiff's claim for a declaratory judgment regarding the applicability of G.E. Betz's lien to damages Plaintiff may recover under Count II is DISMISSED WITHOUT PREJUDICE. Because the Court is trans ferring this case pursuant to 28 U.S.C. § 1406(a) due to improper venue, Hoosier Energy's Motion to Transfer Under 28 U.S.C. § 1404(a) (d/e 16 ) is DENIED. G.E. Betz's Motion to Join and Adopt (d/e 24 ) is DENIED as MOOT. The Co urt renders no rulings on Hoosier Energy's Motion to Dismiss Plaintiff's Survival Claim (Count II) (d/e 14 ) or Plaintiff's Motion to Remand to State Court (d/e 20 ). The Clerk is DIRECTED to transfer this case to the Terre Haute Division of the Southern District of Indiana. (SEE WRITTEN OPINION.) Entered by Judge Sue E. Myerscough on 9/27/2018. (GL, ilcd) |
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