LAW OFFICES OF THOMAS MORE HOLLAND 

BY: THOMAS MORE HOLLAND Attorney for Plaintiff

IDENTIFICATION NO .: 43517 This is a jury trial

1522 LOCUST STREET

GRACE HALL

PHILADELPHIA, PA 19102

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTER N DISTRICT OF PEN NSYLVANIA

JOSEPH MARINO §

Plaintiff, §

v. §

§ Civil Action No. 02 - CV - 4488

KENT LINE INTERNATIONAL §

d/b/a VOYAGEUR SHIPPING LTD. §

and §

SLS, INC. d/b/a §

HOLT OVERSIGHT AND LOGISTICAL §

TECHNOLOGIES §

and §

INCHCAPE SHIPPING §

Defendants. §

ORDER

AND N OW, this day of , 2003, upon consideration of Plaintiff’s Motion for

Reconsideration of the November 20, 2002 Order for Change of Venue Pursuant to 28 U.S.C. § 1412, and

any response thereto, it is hereby ORDERED and DECREED that Plaintiff’s Motion is GRANTED and

venue is TRANSFERRED.

The instant matter is hereby TRANSFERRED to the District of New Jersey. 

BY THE COURT:

____________________________

J.

Case 2:02-cv-04488-BMS Document 47 Filed 08/28/2003 Page 1 of 5
LAW OFFICES OF THOMAS MORE HOLLAND 

BY: THOMAS MORE HOLLAND Attorney for Plaintiff

IDENTIFICATION NO .: 43517 This is a jury trial

1522 LOCUST STREET

GRACE HALL

PHILADELPHIA, PA 19102

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTER N DISTRICT OF PEN NSYLVANIA

JOSEPH MARINO §

Plaintiff, §

v. §

§ Civil Action No. 02 - CV - 4488

KENT LINE INTERNATIONAL §

d/b/a VOYAGEUR SHIPPING LTD. §

and §

SLS, INC. d/b/a §

HOLT OVERSIGHT AND LOGISTICAL §

TECHNOLOGIES §

and §

INCHCAPE SHIPPING §

Defendants. §

PLAINTIFF’S MOTION FOR RECONSIDERATION OF THE NOVEMBER 20, 2002 ORDER

FOR CHANGE O F VENUE PURSUANT TO 28 U.S.C. § 1412

Plaintiff, Joseph Marino, by and through his counsel, the Law Offices of Thomas More Holland,

hereby respectfully submits the instant Motion for Change of Venue pursuant to 28 U.S.C. § 1412. In

support thereof it is averred:

1. This action was comm enced in state court in the Court of Common Pleas for

Philadelphia County, by Complaint on June 6, 2002.

2. A Notice for Removal was filed by Inchcape Shipping Services, and this matter was

subsequently removed from state court to this Court. 

3. Plaintiff incorporates the allegations from the motion that resulted in the Court’s

November 20, 2002 Order as if the same were set forth at length herein. The Court’s

memorandum and Order is appended hereto as Exhibit”A”.

4. 28 U.S.C. § 1391 sets forth the venue rules, and states, in pertinent part:

(a) A civil action wherein jurisdiction is founded only on diversity of citizenship

may, except as otherwise provided by law, be brought only in (1) a judicial

district where any defendant resides, if all defendants reside in the same State,

(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 actions is situated, or (3) a judicial district in which any defendant is subject

to personal jurisdiction at the time the action is comm enced, if there is no

district in which the action may otherwise be brought.

Case 2:02-cv-04488-BMS Document 47 Filed 08/28/2003 Page 2 of 5
5. Section 1391(a)(2) applies to the instant matter.

6. A substantial part of the events giving rise to the claim occurred in Gloucester City,

New Jersey.

7. 28 U.S.C. § 1412 states that: “a district court may transfer a case or proceeding under

title 11 to a district court for another district, in the interest or justice or for the

convenience of the parties.”

8. It is in the interest of justice to transfer this matter to the District of New Jersey. 

9. On or about May 12, 2003 a related action 03-3058 was filed naming three Defendants

not named in the above caption lead case.

10. By order of July 10, 2003 sua sponte the 03-3058 action was consolidated into this action,

02-4488.

11. This motion is made based contingently upon the unlikely denial of Plaintiff’s Motion for

Default Judgment against Defendant Joseph Levy and Maureen Levy.

12. This motion is also presented in fulfillment of Plaintiff’s counsel’s duty of candor to this

tribunal. Certain counsel of record suggest that this Court has no jurisdiction over

Defendants Joseph Levy and Maureen Levy.

13. In the event the Court denies the motion for Entry of Default against Defendants Joseph

Levy and Maureen Levy such an order should be without prejudice and simultaneously

the action should be transferred to the District of New Jersey.

WHEREFORE, it is respectfully submitted that in the interest of justice the instant matter

should be transferred to the District of New Jersey where a substantial part of the events giving rise to

the claim occurred if the Motion for Entry of Default Judgment is denied.

Respectfully Submitted,

August 27, 2003 By: ___________________________

Date THOMAS MORE HOLLAND

Law Offices of Thomas More Holland

Attorney ID No. 43517

Grace Hall

1522 Locust Street

Philadelphia, PA 19102

(215) 592-8080

Counsel for Plaintiff, Joseph Marino 

Case 2:02-cv-04488-BMS Document 47 Filed 08/28/2003 Page 3 of 5
LAW OFFICES OF THOMAS MORE HOLLAND 

BY: THOMAS MORE HOLLAND Attorney for Plaintiff

IDENTIFICATION NO.: 43517 This is a jury trial

1522 LOCUST STREET

GRACE HALL

PHILADELPHIA, PA 19102

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOSEPH MARINO §

Plaintiff, §

v. §

§ Civil Action No. 02 - CV - 4488

KENT LINE INTERNATIONAL §

d/b/a VOYAGEUR SHIPPING LTD. §

and §

SLS, INC. d/b/a §

HOLT OVERSIGHT AND LOGISTICAL §

TECHNOLOGIES §

and §

INCHCAPE SHIPPING §

Defendants. §

MEMORANDUM OF LAW IN SUPPORT OF 

PLAINTIFF’S MOTION FOR CHANGE OF VENUE

PURSUANT TO 28 U.S.C. § 1412

Plaintiff, Joseph Marino, by and through his counsel, the Law Offices of Thomas More

Holland, hereby respectfully submits the instant Motion for Change of Venue pursuant to 28

U.S.C. § 1412. This action was commenced in state court in the Court of Common Pleas for

Philadelphia County, by Complaint on June 6, 2002. A Notice for Removal was filed by

Inchcape Shipping Services, and this matter was subsequently removed from state court to

this Court. 

 28 U.S.C. § 1391 sets forth the venue rules, and states, in pertinent part:

(a) A civil action wherein jurisdiction is founded only on diversity of

citizenship may, except as otherwise provided by law, be brought only in

(1) a judicial district where any defendant resides, if all defendants

reside in the same State, (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 actions is situated,

Case 2:02-cv-04488-BMS Document 47 Filed 08/28/2003 Page 4 of 5
or (3) a judicial district in which any defendant is subject to personal

jurisdiction at the time the action is commenced, if there is no district in

which the action may otherwise be brought.

Section 1391(a)(2) applies to the instant matter. According to discussions with at least

one Defense attorney there is the suspicion and belief that this Court may lack jurisdiction

over Defendants Joseph Levy and Maureen Levy. 28 U.S.C. § 1412 states that: “a district

court may transfer a case or proceeding under title 11 to a district court for another district,

in the interest or justice or for the convenience of the parties.” It is in the interest of justice

to transfer this matter to the District of New Jersey. 

It is respectfully submitted that in the interest of justice the instant matter should be

transferred to the District of New Jersey where a substantial part of the events giving rise to

the claim occurred in the event the Court determines jurisdiction is lacking over the Levy

Defendants.

Respectfully Submitted,

August 27, 2003 By: ___________________________

Date THOMAS MORE HOLLAND

Law Offices of Thomas More Holland

Attorney ID No. 43517

Grace Hall

1522 Locust Street

Philadelphia, PA 19102

(215) 592-8080

Counsel for Plaintiff, Joseph Marino

Case 2:02-cv-04488-BMS Document 47 Filed 08/28/2003 Page 5 of 5