UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 06-21434-CIV-COOKE

MAGISTRATE JUDGE P.A. WHITE

DREW C. HARTLEY, :

Plaintiff, :

v. : REPORT RE TRANSFER

 TO CORRECT VENUE

SGT. CLARK, et al : (DE#118)

Defendant(s). :

 

The plaintiff. Drew C Hartley filed a pro se civil rights

complaint initially alleging claims which arose out of conditions

or events at Everglades Correctional Institution. The plaintiff is

now represented by counsel, who has filed a motion to amend in this

over three year old case, and the Court granted the motion.

Counsel filed an amended complaint which includes twenty newly

named Defendants, along with numerous John Does. (DE#110). The

amended complaint concerns allegations of incidents that have

occurred in Santa Rosa Correctional Institution, following the

plaintiff’s transfer from Everglades Correctional. The plaintiff

has further filed a motion for a temporary restraining order for a

series of events which have occurred in Santa Rosa Correctional

Institution.
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This Cause is before the Court upon Defendant Florida

Department of Corrections and Warden Randy Tifft’s motion to

transfer venue and stay proceedings. The defendants correctly argue

that most of the newly named defendants are located in the Northern

District of Florida where the new allegations in the amended

complaint have occurred. The Department of Corrections is located

in Tallahassee and Warden Tifft is the Warden of Santa Rosa

Correctional Institution. The plaintiff resides in the Northern

District of Florida and one defendant, Sgt Clark now resides in the

Southern District of Florida. Former Warden and former Assistant

Warden of Everglades, who have been subpoenaed, reside in the

Northern District. The plaintiff has been advised that the majority

of witnesses would be located in the Northern District of Florida.

Further, a motion for a temporary restraining order related to

actions in Santa Rosa Correctional should be handled in the

Northern District where Santa Rosa is located. 

 The appropriate venue provision in this case is 28 U.S.C.

§1391(b). Clark v. Harp, 737 F.Supp. 676 (D. D.C. 1990); Harley v.

Oliver, 400 F.Supp. 105 (W.D. Ark. 1975). That section provides in

relevant part that a case not based on diversity of citizenship

should be brought in the judicial district where any defendant

resides or where a substantial part of the events or omissions

giving rise to the claim occurred or a substantial part of property
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that is the subject of the action is situated. Transfer under 28

U.S.C. §1404 includes the convenience of the parties and witnesses,

relative ease of access to sources of proof, the cost of obtaining

the attendance of witnesses and other practical factors that would

make the trial of the case easy, expeditious and inexpensive. See:

Stateline Power Corp. V Kremer, 404 F. Supp 2nd 1373 (US Dist. Fla.

2005). 

In the interests of justice and convenience of the parties and

witnesses, it is recommended that the defendant’s motion for

transfer of venue (DE#118) be granted, and this case be transferred

to the United States District Court for the Northern District of

Florida, pursuant to 28 U.S.C. §1406(a). It is further recommended

that the motion for a stay of 30 days following the ruling on this

motion be denied.

Dated this 9th day of November, 2009.

 

UNITED STATES MAGISTRATE JUDGE

cc: Drew C. Hartley, Pro Se

c/o A. Hector

J. Cook

Ackerman Senterfitt

` Attorneys of record

Kathleen M. Savor, AAG

Ft Lauderdale Office of the Attorney General

Address of record
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J. Mahl, Esq.

John Bajger, Esq. 

West Palm Beach Office of AG

Address of record