United States District Court, N.D. Illinois, Eastern Division
December 14, 2005.
FRANCINE PRESTON, Plaintiff,
INTERSTATE HOTELS AND RESORTS, INC., et al., Defendants.
The opinion of the court was delivered by: JAMES MORAN, Senior District Judge
MEMORANDUM OPINION AND ORDER
Defendants move to dismiss and to transfer the case to the
Western District of Kentucky, pursuant to 28 U.S.C. § 1404(a). We
deny the motion to dismiss and grant the motion to transfer.
We deal first with the motion to dismiss, since if it were
granted there would be no case to transfer. Defendants point out
that Kentucky, where the incident occurred, has a one-year
statute of limitations, and suit was filed almost two years
later. They rely upon 735 ILCS 5/13-210, which borrows the
limitations statute of the state where the claim arose for
out-of-state claims. But that provision does not apply to
Illinois residents, Miller v. Lockett, 98 Ill.2d 478,
457 N.E.2d 14 (1987), and plaintiff, we are told, was and is an
The alleged tort took place at a hotel in Kentucky, and the
occurrence witnesses (other than plaintiff and two family
members) and the treaters, are all in Kentucky. Plaintiff does
not object to the transfer. We conclude that the convenience of
witnesses and parties, and the interests of justice, support the
transfer to the Western District of Kentucky.
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