Shook, Inc. Heavy & Environmental Division v. City of Moundsville Water Board, No. 5:2010cv00028 - Document 23 (N.D.W. Va. 2010)

Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS FILED ON FEBRUARY 12, 2010 22 ; GRANTING, IN PART, DEFENDANT MOUNDSVILLE'S MOTION TO DISMISS UNDER FED. R. CIV. P. 12(b)(2) 4 TO THE EXTENT PLAINTIFF SHOOK HAS NOT ITS BURDEN OF SHOWING T HAT THE EXERCISE OF PERSONAL JURISDICTION OVER DEFENDANT MOUNDSVILLE COMPORTS WITH THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT; DENYING, IN PART, DEFENDANT MOUNDSVILLE'S MOTION TO DISMISS UNDER FED. R. CIV. P. 12(b)(2) 4 TO THE EXTENT I T SEEKS AN ORDER DISMISSING THIS CASE AND, INSTEAD, TRANSFERRING VENUE TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA UNDER 28 U.S.C. 1406(a) and 28 U.S.C. 1631; GRANTING DEFENDANT MOUNDSVILLE'S ALTERNATIVE MOTION TO TRANSFER VENUE 4 ; DIRECTING THE CLERK OF COURT TO TRANSFER THIS CASE TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA IN WHEELING, WEST VIRGINIA UNDER 28 U.S.C. 1404(a); AND TERMINATING THE CASE OF THE DOCKET OF THIS COURT. Signed by Judge Walter H Rice on 3/2/2010. (jwd1) [Transferred from Ohio Southern on 3/2/2010.]