United States District Court, N.D. Illinois, Eastern Division
May 18, 2005.
JOHN C. UNDERHILL, Plaintiff,
CSX TRANSPORTATION, INC., Defendant.
The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge
John Underhill ("Underhill") has brought this FELA action
against his employer CSX Transportation, Inc. ("CSX"), stemming
from injuries that he sustained while acting as a locomotive
engineer "at or near Garrett, Indiana" (Complaint ¶ 4). Because
Underhill also resides in Indiana (Complaint ¶ 1), this
memorandum order is issued sua sponte to inquire as to why this
lawsuit should be entertained in this Illinois district court,
rather than in the Indiana district where the incident took
This Court recognizes that venue in this judicial district may
perhaps be permissible under 28 U.S.C. § 1391 (b) and
(c),*fn1 on the premise that CSX "resides" here (in the
sense that it is subject to personal jurisdiction). But that of
course is not necessarily dispositive, for the considerations
made relevant under Section 1404(a) may well point elsewhere.
Accordingly Underhill's counsel are ordered to file an
explanatory statement regarding their choice of venue in this Court's chambers on or
before May 27, 2005 (with a copy of course to be transmitted to