United States District Court, D. New Mexico
PETER B. KOMIS, Plaintiff,
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.
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.
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
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.
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.
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.
The District of New Mexico as the Venue
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. § 1391(b). If either of these inquiries are
met, then the District of New ...