Sarwari v. United States of America, No. 3:2014cv00398 - Document 8 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 10/30/2014. (jsmi, )
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Sarwari v. United States of America Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division NAVEED SARWARI Plaintiff, V. Civil Case No. 3:14-cv-398 UNITED STATES OF AMERICA Defendant. MEMORANDUM OPINION This matter comes before the Court on the defendant's Motion to Transfer Venue. (Dk. No. 3.) Naveed Sarwari ("Sarwari"), sued the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. ยง 1346(b), for injuries arising from a vehicle accident near Playas, New Mexico. The United States asks the Court to transfer the case to the District of New Mexico or, alternatively, the Alexandria Division of the Eastern District of Virginia. The parties agree that Sarwari could have brought the claim in either of those venues; indeed, Sarwari admits he filed in the Richmond Division erroneously. Under Local Rule 3(C), this Court may "transfer an action from a division in which venue is improper to a division in which venue properly lies." Sicienski v. Saxon Mortg. Svcs., Inc., No. 3:07-cv-243, WL 2071711 (July 11, 2007). Therefore, under the background assumption that venue should lie in the Alexandria Division, the Court need only determine whether the convenience and justice of transferring to New Mexico outweighs the burdens of doing so. Because convenience and justice favor Alexandria, the Court GRANTS the United States' motion to transfer venue and TRANSFERS the case to the Alexandria Division of the Eastern District of Virginia. Dockets.Justia.com
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