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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

BETTY SHUMAKE,

Plaintiff,

v. CASE NO. 4:11cv161-RH/WCS

ENHANCED RECOVERY COMPANY,

LLC.,

Defendant.

_____________________________________/

ORDER FOR TRANSFER

This case is before the court on the magistrate judge’s report and

recommendation, ECF No. 5. No objections have been filed. The report and

recommendation concludes that the case should be transferred to the Southern

District of Georgia. Because the plaintiff apparently did not intend to file the case

in the Northern District of Florida and has not objected to the recommendation for

transfer to the Southern District of Georgia, I accept the recommendation and

transfer the case.

The plaintiff physically filed the case in the Northern District of Florida. 

But the case style on the complaint said the case was being filed in the Middle

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District of Florida. Thus the plaintiff apparently did not intend to file the case in

the Northern District of Florida. 

Under 28 U.S.C. § 1391(b), a case that arises under federal law can be

brought in a district where a defendant resides, if all the defendants reside in the

same state, as well as in a district where a substantial part of the events giving rise

to the claim occurred. See 28 U.S.C. § 1391(b). For this purpose, a corporation

resides in a district where its contacts would be sufficient to subject it to personal

jurisdiction (if the district were a separate state). Id. § 1391(c). 

Here there is a single defendant. It is a corporation that apparently does

business in at least the Middle District of Florida and the Northern District of

Georgia. If the defendant does in fact do business in those districts, venue is

proper there. Venue also apparently is proper in the Southern District of Georgia,

where the plaintiff resides and a substantial part of the events giving rise to the

claim apparently occurred. Whether venue is proper in the Northern District of

Florida is unclear; nothing in the record suggests that the defendant has contacts

sufficient to subject it to personal jurisdiction here.

So the plaintiff apparently did not intend to file the case here and has not

objected to its transfer to the Southern District of Georgia—one of the districts

where venue apparently is proper, and the district that may have the closest actual

connection with the case. Transfer to that district is appropriate under 1406(a), if

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venue is improper in the Northern District of Florida, and otherwise is appropriate

under 28 U.S.C. § 1404(a). Accordingly,

IT IS ORDERED:

The report and recommendation is ACCEPTED. The case is transferred to

the United States District Court for the Southern District of Georgia, Statesboro

Division. The clerk must take all steps necessary to effect the transfer.

SO ORDERED on May 27, 2011.

s/Robert L. Hinkle 

United States District Judge

Case No: 4:11cv161-RH/WCS

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