cause why this matter should not be transferred to the United States District Court for the Middle District of Tennessee, Nashville Division, pursuant to 28 U.S.C. § 1406(a).
On September 28, 1995, plaintiff Harry Speros was playing golf at defendant McCabe Golf Course located within the confines of defendant City of Nashville, Tennessee. Speros was struck in the eye by a golf ball hit by defendant Tracey York. Consequently, Speros filed a complaint in this Court premised on negligence and/or intentional conduct. The complaint seeks more than $ 75,000 in damages. Speros asserted jurisdiction under the diversity of citizenship statute, 28 U.S.C. § 1332.
Speros is a citizen and a resident of Illinois. All of the defendants are citizens of Tennessee.
On March 13, 1997, the Court questioned whether venue was proper in this Court under 28 U.S.C. § 1391(a). Accordingly, the Court issued an order to Speros to show cause why this matter should not be transferred under 28 U.S.C. § 1406(a).
Pursuant to 28 U.S.C. § 1391(a), where jurisdiction is founded solely on diversity of citizenship, a civil action may be brought only in:
(1) a judicial district where any defendant resides, if all defendants reside in the same state; or