Hood v. Florida Marine Transporters, Inc, No. 3:2013cv00254 - Document 26 (S.D. Tex. 2014)
Court Description: OPINION AND ORDER denying 18 Motion to Transfer Venue subject to reconsideration, without refiling, if the residences of any additional opt-in Plaintiffs clearly favor a transfer of venue to the Eastern District of Louisiana.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION NOEL HOOD, on behalf of himself and others similarly situated V. FLORIDA MARINE TRANSPORTERS, INC. § § § § § § § CIVIL ACTION NO. G-13-254 OPINION AND ORDER Before the Court, by referral from the Honorable Gregg Costa, United States District Judge, is the Motion of Defendant, Florida Marine Transporters, Inc., to transfer venue of this Vessel Tankerman FLSA action to the Eastern District of Louisiana. The Motion has been exhaustively briefed and is ready for disposition. Accordingly, the Court now issues this Opinion and Order. Most, if not all, of the venue facts in this case are the same as those in the numerous other similar cases that have been filed with this Court, whether a motion to transfer venue was filed or not. Likewise, the problems of deciding a motion to transfer venue at this early stage in these cases also persist. Assuming conditional certification is granted, as has been routine by this Court, until the Plaintiffs are known, the effects of most relevant venue factors cannot be reliably determined. Indeed, the only established venue facts at this time are that the sole Plaintiff resides in the Southern District of Texas and Florida Marine s corporate offices are in the Eastern District of Louisiana. Once the Plaintiffs have been identified, the proper venue for this matter will be clearer. At this time, a decision would be based primarily upon speculation. It is, therefore, ORDERED that Florida Marine s Motion to Transfer Venue (Instrument no. 18) is DENIED, subject to reconsideration, without refiling, if the residences of any additional opt-in Plaintiffs clearly favor a transfer of venue to the Eastern District of Louisiana. DONE at Galveston, Texas, this 28th 2 day of April, 2014.
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