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11232601 CAPTION

FENNEMORE CRAIG, P.C.

Barney M. Holtzman (No. 016554)

One South Church Avenue

Suite 1000

Tucson, AZ 85701-1627

Telephone: (520) 879-6800

Email: bholtzman@fclaw.com

Attorneys for Defendants

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Christina Mowery, an Arizona Resident,

Plaintiff,

v.

Good Ole Tom Management Company, LLC, an

Arizona limited liability company; Good Ole Tom

Tucson, LLC, an Arizona limited liability

company; Patricia Futch, an Arizona resident, and

Tommon Tinney, an Arizona resident,

Defendants.

No. 2:15-cv-02595-JJT

MOTION TO TRANSFER

VENUE TO THE TUCSON

DIVISION

Pursuant to LRCiv 77.1(c), 28 U.S.C. § 1406(a) and 28 U.S.C. § 1404(a) and

convenience of the parties, defendants Good Ole Tom Management Company, LLC,

Good Ole Tom Tucson, LLC, Patricia Futch, and Tommon Tinney (collectively, “Good

Ole Tom’s”) move the Court to transfer venue of this case to the Tucson Division of this

District. This case is founded on causes of action arising in the Tucson Division. All

events giving rise to this lawsuit, all parties to this lawsuit and all anticipated witnesses

necessary to resolve this dispute are located in the Tucson Division of this Court.

Although “[t]he district court of a district in which is filed a case laying venue in the

wrong division...shall dismiss...,” 28 U.S.C. § 1406(a), Good Ole Tom’s only requests

Case 2:15-cv-02595-JJT Document 8 Filed 01/19/16 Page 1 of 5
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the Court transfer the case to the Tucson Division.

This employment lawsuit arises from plaintiff’s work for Good Ole Tom

Management LLC, whose corporate address is within the Tucson Division. See Verified

Complaint; Declaration of Kevin Futch, attached hereto at Tab 1, ¶ 3 (“Futch Decl.

¶ __”). Defendant Good Ole Tom Tucson, LLC’s corporate address also is within the

Tucson Division. Futch Decl. ¶ 4. Plaintiff performed the vast majority of her work at

the personal home of defendants Futch and Tinney, which also is within the Tucson

Division. Id. at ¶¶ 5-6. Plaintiff resides in the Tucson Division. Id. at ¶ 7. Witnesses

who can speak to the duties performed by plaintiff, including Ms. Futch, Mr. Tinney,

Kevin Futch and the various household employees plaintiff managed, all live in the

Tucson Division. Id. at ¶ 6.

LRCiv 77.1(c) states the trial of this matter, unless otherwise ordered by the Court,

“shall be tried in Tucson....” The facts and circumstances overwhelmingly support the

transfer of this action to the Tucson Division See 28 U.S.C. § 1406(a); and 28 U.S.C. §

1404(a) (“For 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.”). Not only could this case have been filed in the Tucson Division, but it

should have been.

For the convenience of the parties and witnesses, the interests of justice and

judicial economy, Good Ole Tom’s requests this matter be transferred to the Tucson

Division of the Arizona District.

Case 2:15-cv-02595-JJT Document 8 Filed 01/19/16 Page 2 of 5
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DATED this 19th day of January 2016.

FENNEMORE CRAIG, P.C.

By /s/ Barney M. Holtzman

Barney M. Holtzman

Attorneys for Defendants

CERTIFICATE OF SERVICE

I hereby certify that on January 19, 2016, I electronically transmitted the attached

document to the Clerk’s Office using the CM/ECF system for filing and transmittal of the

Electronic Filing to the following CM/ECF registrant:

Michael Zoldan

Jason Barrat

Jessica Miller

ZOLDAN LAW GROUP, PLLC

8100 E. Indian School Road, Suite 103

Scottsdale, AZ 85251

Email:mzoldan@zoldangroup.com

jbarrat@zoldangroup.com

jmiller@zoldangroup.com

Attorneys for Plaintiff

/s/ Amber Pherigo

An employee of Fennemore Craig , P.C.

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