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ESPINO v. TOP DRAW FREIGHT SYS.

June 9, 1989

HONORIO ESPINO, Administrator of the Estate of ROSENDO ESPINO, deceased, et al., Plaintiffs,
v.
TOP DRAW FREIGHT SYSTEM, INC., a Delaware Corp., and RICHARD D. CASSELL, Defendants



The opinion of the court was delivered by: ALESIA

 JAMES H. ALESIA, UNITED STATES DISTRICT JUDGE

 I. Facts

 On April 10, 1989, a complaint was filed in the United States District Court for the Eastern District of Texas, Texarkana Division ("the Texas suit"), to recover damages arising out of the death of Velia Ochoa as a result of a motor vehicle accident which occurred on February 5, 1989 in Mount Vernon, Texas. The decedent was an occupant of a van which was operated by Ernesto Madrid and which collided with a truck driven by defendant Richard Cassell ("Cassell") and owned by defendant Top Draw Freight System, Inc. ("Top Draw").

 In the Texas suit, plaintiffs alleged that at the time of the occurrence, the Ochoa minor plaintiffs resided in the Northern District of Illinois, but now reside with their maternal uncle and grandmother in Mexico. The plaintiffs further alleged that defendant Cassell is a resident of the State of California and that defendant Top Draw, the owner of the truck driven by Cassell, is a Delaware corporation with its principal place of business in the State of California.

 On April 26, 1989, the instant complaint was filed in this district ("the Illinois suit") by Honorio Espino, individually, and as Administrator of the Estate of Rosendo Espino, and as the father and next friend of Eustolio Espino, Heron Espino and Elias Espino ("the Espino plaintiffs"), and by Ernesto Madrid, individually, and as the Administrator of the Estate of Velia Ochoa and as the father and next friend of George Ochoa Madrid, and as stepfather and next friend of Velia Alejandra Ochoa, Marisela Ochoa and Elizabeth Ochoa ("the Ochoa plaintiffs"). Like the Texas suit, this Illinois suit also seeks to recover damages as a result of the Texas accident.

 In the Illinois suit, however, plaintiffs allege that all of the Ochoa plaintiffs and the Espino plaintiffs reside in the Northern District of Illinois. Otherwise, the defendants are identical in both suits, and jurisdiction is based upon diversity of citizenship in both suits. See 28 U.S.C. § 1332.

 Defendants have now filed a motion incorrectly styled as a "motion for change of venue" in which they seek a transfer of this case to the United States District Court for the Eastern District of Texas. Because this motion was obviously intended as a motion to transfer pursuant to 28 U.S.C. § 1404(a), we treat it accordingly. For the reasons set forth in this opinion, defendants' motion to transfer is granted.

 II. Discussion

 Section 1404(a) governs the transfer of an action from one district court to another and provides:

 
For the convenience of parties and witnesses, in the interests of justice, a district court may transfer any civil action to any other district or division where it might have been brought.

 28 U.S.C. § 1404(a).

 A. Plaintiffs' Choice of ...


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