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BARNES v. ROLLINS DEDICATED CARRIAGE SERVS.

September 19, 1997

DAVID BARNES, Special Administrator, of the Estate of CARROLL BARNES, Deceased, and DAVID BARNES, Individually, Plaintiff,
v.
ROLLINS DEDICATED CARRIAGE SERVICES, INC., and JERRY MASSENGILL, Defendants.



The opinion of the court was delivered by: ALESIA

 This matter is before the court on defendants' motion to transfer this matter to the United States District Court for the Southern District of Illinois, pursuant to 28 U.S.C. § 1404(a).

 Motion granted.

 This matter is transferred to the United States District Court for the Southern District of Illinois, Benton Division.

 I. BACKGROUND

 On October 12, 1996, decedent Carroll Barnes drove his car onto the shoulder of Interstate 57 in Cumberland County, near Neoga Township, Illinois. Defendant Jerry Massengill was operating a truck for his employer defendant Rollins Dedicated Carriage Service, Inc. The truck Massengill was driving struck Barnes. Later that day, Barnes died.

 Plaintiff David Barnes, as special administrator of the estate of Carroll Barnes and individually, initiates this action alleging that Massengill was negligent. There is also a wrongful death and Family Expense Act claim.

 Decedent Carroll Barnes was a citizen of Illinois. Plaintiff David Barnes resides and is a citizen of Illinois. He lives near Chicago. Defendant Massengill resides in and is a citizen of Kentucky. Defendant Rollins Dedicated Carriage Services is a Delaware corporation with its principal place of business in Delaware, but, it "does business" throughout the United States.

 Defendants seek to transfer this matter to a more convenient forum.

 II. DISCUSSION

 Pursuant to 28 U.S.C. § 1404(a):

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

 A transfer under § 1404(a) is appropriate if: (1) venue is proper in both the transferor and transferee court; (2) transfer is for the convenience of the parties and witnesses; and (3) transfer is in the interests of justice. Vandeveld v. Christoph, 877 F. Supp. 1160, 1167 (N.D. Ill. 1995). The party requesting the transfer "has the burden of establishing ... that the transferee forum is clearly more convenient." Coffey v. Van Dorn Iron Works, 796 F.2d 217, 219-20 (7th Cir. 1986). "The weighing of factors for and against transfer ...


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