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Carson Helicopters, Inc. v. Houston Casualty Co.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


June 16, 2009

CARSON HELICOPTERS, INC. AND CARSON HELICOPTER SERVICES, INC.,
v.
HOUSTON CASUALTY COMPANY

The opinion of the court was delivered by: Norma L. Shapiro, J.

ORDER

AND NOW, this 16th day of June, 2009, it appearing that:

a. On December 12, 2008, defendant filed a Motion to Transfer Venue, or in the Alternative, to Dismiss Plaintiffs' Complaint for Failure to Join Indispensable Parties (paper no. 11). Plaintiffs filed their response in opposition on January 16, 2009 (paper no. 22).

b. Defendant filed a Motion for Leave to File a Reply Brief on March 25, 2009 (paper no 27).

c. A hearing was held on defendant's motion to transfer on April 13, 2009, at which the court requested the parties to submit supplemental affidavits relating to the motion. Both parties timely submitted their affidavits on April 17, 2009.

d. On April 22, 2009, defendant filed a Motion to Strike Supplemental Response of Plaintiffs (paper no. 39) ("Motion to Strike"). Plaintiffs filed their response in opposition on April 27, 2009 (paper no. 42).

It is therefore ORDERED that:

1. Defendant's Motion to Strike is DENIED.

2. Defendant's Motion for Leave to File a Reply Brief is GRANTED.

3. Defendant's Motion to Transfer Venue is GRANTED for the reasons stated in the court's Memorandum of June 16, 2009. This action is TRANSFERRED FORTHWITH to the United States District Court for the District of Oregon, where it could have been brought, pursuant to 28 U.S.C. § 1404(a), in the interest of the administration of justice and for the convenience of the parties. The alternative remedy sought by defendant, dismissal for failure to join necessary parties, is moot.

20090616

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