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Komis v. Drury Hotels Company, LLC

United States District Court, D. New Mexico

March 22, 2019

PETER B. KOMIS, Plaintiff,
v.
DRURY HOTELS COMPANY, LLC, a Nevada Limited Liability Company, and DRURY COLORADO SPRINGS, LLC, a Missouri Limited Liability Company, Defendants.

          MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' OPPOSED MOTION TO TRANSFER VENUE OF THIS CASE TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLORADO PURSUANT TO SECTION U.S.C. 1391 AND SECTION 28 U.S.C. 1404 (DOC. 23)

         THIS MATTER comes before the Court on Defendants' Opposed Motion to Transfer Venue of this Case to the U.S. District Court for the District of Colorado Pursuant to Section 28 U.S.C. 1391 and Section 28 U.S.C. 1404. [Doc. 23, filed February 11, 2019]. Upon reviewing the parties' pleadings and the applicable law, the motion is GRANTED.

         BACKGROUND

         Plaintiff Peter B. Komis filed suit seeking damages for alleged physical injuries, mental distress, and financial losses that Plaintiff alleges were caused by a fall at the Drury Colorado Springs Hotel in Colorado Springs, Colorado, on or about June 29th, 2016. Plaintiff then returned to New Mexico to treat his injuries.

         Plaintiff initially filed suit in New Mexico state court. The case was then removed to this Court under diversity jurisdiction because Plaintiff is a citizen of New Mexico, and Defendants are citizens of Nevada and Missouri, and the matter in controversy exceeds $75, 000 as stipulated by the parties.

         Although unclear, the Court understands Defendants to present the following argument in their motion: pursuant to 28 U.S.C. § 1391(b), Plaintiff should not have filed in the District of New Mexico, the case should be dismissed and transferred to the District of Colorado pursuant to 28 U.S.C. § 1404(a).

         The Court notes that it must first determine whether this District is the proper venue under Section 1391(b), and if it is, then the Court must determine whether the case can be transferred pursuant to Section 1404(a). If this District is not the proper venue, the Court may dismiss the case or transfer the case, as discussed below.

         DISCUSSION

         I. The District of New Mexico as the Venue

         Section 1391(b) provides:

         A civil action may be brought in--

(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;
(2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or
(3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action.

28 U.S.C. ยง 1391(b). If either of these inquiries are met, then the District of New ...


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