TRINITY INDUSTRIES LEASING COMPANY v. MIDWEST GAS STORAGE, INC. et al
| TRINITY INDUSTRIES LEASING COMPANY |
| DEBORAH J. O'MALLEY, TERRENCE O'MALLEY, PUTNAM ENERGY LLC and MIDWEST GAS STORAGE, INC. |
| 1:2011cv01579 |
| November 29, 2011 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| Jane Magnus-Stinson |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Filing
75
CLOSED TRANSFER - Transferring this action to Illinois would strongly promote the interest of justice. Under the circumstances, transfer is "clearly" proper, Coffey, 796 F.2d at 220 (citation omitted). The Court will, therefore, GRANT t he portion of Defendants' motion at issue, [dkt. 33 ], that requests transfer of this action to the Northern District of Illinois, and DENY WITHOUT PREJUDICE TO REFILE AS A SEPARATE MOTION IN THE TRANSFEREE COURT the portion of that motion th at requests dismissal pursuant to Fed. R. Civ. P. 12(b)(6). Because Defendants did not improperly raise new arguments in their reply in support of the Motion to Transfer, the Court DENIES Trinity's Motion to Strike Defendants' Reply in Su pport of Their Amended Motion for Transfer, or in the Alternative, 12(b)(6) Motion to Dismiss, [dkt. 66 ], to the extent it relates to the Motion to Strike. To the extent it relates to the Motion to Dismiss, the Court DENIES AS MOOT that portion of the motion. The Clerk is directed to TRANSFER this action to the Northern District of Illinois pursuant to 28 U.S.C. § 1404(a). Any previously ordered dates and deadlines are VACATED and any pending motions not addressed above are TERMINATED. ( SEE ORDER ). Signed by Judge Jane Magnus-Stinson on 1/18/2013. (JKS)
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