IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

ANGELA SIMMONS, 

Plaintiff, 

v. 

LIBERTY NATIONAL LIFE 

INSURANCE COMPANY, 

Defendant. 

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Civil Action No. 2:06-cv-689-DRB 

DEFENDANT’S MOTION TO TRANSFER

Plaintiff is a female who resides in Selma (Dallas County),1 Alabama. 

Plaintiff has filed this lawsuit alleging discrimination on the basis of sex during her 

employment with defendant Liberty National Life Insurance Company (“Liberty 

National”) at defendant’s Selma, Alabama location. Defendant Liberty National 

moves the Court to transfer this case to the United States District Court for the 

Southern District of Alabama, Northern Division, pursuant to 28 U.S.C. § 1404(a). 

In support of this motion, defendant provides the following: 

 

1

 Dallas County is located in the Northern Division of the Southern District of Alabama. 

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FACTS

1. Plaintiff Angela Simmons is a resident of Selma (Dallas County), 

Alabama and a current employee of defendant Liberty National at its Selma 

(Dallas County), Alabama location (Complaint, ¶ 5, 8). 

2. According to the Complaint, the alleged actions giving rise to this 

case all occurred in Selma (Dallas County), Alabama (Complaint, ¶ 4). 

3. Dallas County is located in the Northern Division of the United States 

District for the Southern District of Alabama. 28 U.S.C. § 81(c)(1). 

ARGUMENT

The allegations contained in plaintiff’s Complaint make clear that venue for 

this action should be in the United States District Court for the Southern District of 

Alabama, Northern Division. All allegations of unlawful employment practices 

contained in plaintiff’s Complaint pertain to actions that allegedly occurred at 

defendant’s Selma, Alabama office located in Dallas County, Alabama. 

28 U.S.C. § 1404(a) provides that “[f]or the convenience of parties and 

witnesses, in the interest of justice, a district court may transfer any civil action to 

any other district or division where it might have been brought.” 28 U.S.C. § 

1404(b) further allows the Court to transfer the case from the division in which the 

case is pending to any other division in the same district. See e.g. Haley v. Potter, 

2006 WL 2136006, *1 (M.D. Ala. July 28, 2006)(holding that transfer to Northern 

Case 2:06-cv-00689-MEF-DRB Document 5 Filed 08/25/2006 Page 2 of 4
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District of Alabama in Title VII case proper because lawsuit arose from activity 

which occurred in Northern District of Alabama); Lewis v. Madison County Bd. of 

Ed., 678 F. Supp. 1550, 1551-52 (M.D. Ala. 1988) (holding that transfer to the 

Northern District of Alabama under § 1404 was proper because all alleged acts, 

records and witnesses were located in the Northern District of Alabama). 

Under the Title VII venue provisions, this action could have been brought in 

the Southern District of Alabama, Northern Division. Considering that plaintiff 

resides in the Southern District, Northern Division, and that all witnesses will be 

located in close proximity to the United States Federal Courthouse in Selma, 

Alabama, which would require less travel if a trial were required, it is clear the 

more convenient venue for all parties involved is the United States District Court 

for the Southern District of Alabama, Northern Division. 

Even though under 42 U.S.C. § 2000e-5(f)(3), venue may be appropriate in 

this judicial district and division, the Court should transfer a case such as this to the 

judicial district and division where the parties and witnesses are located. See 28 

U.S.C. § 1404(a); Ross v. Buckeye Cellulose, 980 F.2d 648 (11th Cir. 

1993)(holding district court properly transferred employment discrimination case 

to venue where plant and probable witnesses were located). Therefore, defendant 

respectfully requests the Court to enter an order transferring this case to the United 

States District Court for the Southern District of Alabama, Northern Division. 

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Respectfully submitted, 

/s/Thomas A. Davis

Thomas A. Davis (ASB-5877-S56T) 

E-mail: tdavis@constangy.com

Direct Dial No.: (205) 226-5465 

Shannon L. Miller (ASB-8026-R60S) 

E-mail: smiller@constangy.com

Direct Dial No.: (205) 226-5468 

CONSTANGY, BROOKS & SMITH, LLC 

Suite 900, One Federal Place 

1819 Fifth Avenue North 

Birmingham, AL 35203 

Facsimile: (205) 323-7674 

ATTORNEYS FOR DEFENDANT 

CERTIFICATE OF SERVICE

I hereby certify that on August 25, 2006, I electronically filed the foregoing 

with the Clerk of the Court using the CM/ECF system that will send notification of 

such filing to the following: 

Kathryn Dickey, Esq. 

322 Alabama Street 

Montgomery, AL 36104 

Janice Spears-Turk, Esq. 

5295 Vaughn Road 

Montgomery, AL 36116 

/s/Thomas A. Davis

Thomas A. Davis 

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