IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
July 6, 2009
CHARLES MCKNIGHT, PLAINTIFF,
ILLINOIS CENTRAL RAILROAD COMPANY, A CORPORATION, DEFENDANT.
FIRST SUPPLEMENT TO ILLINOIS CENTRAL RAILROAD COMPANY'S MOTION TO TRANSFER UNDER 28 U.S.C. § 1404(a)
Defendant, Illinois Central Railroad Company, moves the Court for an Order transferring this case to the United States District Court for the Western District of Tennessee pursuant to 28 U.S.C. § 1404(a). In support thereof, Illinois Central states:
1. On June 11, 2009, Plaintiff served his Initial Disclosure. Exhibit A.
2. Plaintiff has listed fifteen fact witnesses. Exhibit A. Nine of these witnesses were named in Illinois Central's Motion to Transfer. The five new witnesses are located as follows:
1 Melody McKnight -- Nesbit, MS Exhibit A.
2 Butch St. John - Southaven, MS 38671 Officed at 297 Rivergate Drive, Memphis, TN 38109
3 Mike McCorry -- address unknown (Defendant cannot determine that a Mike McCorry ever worked for Illinois Central)
4 Derek Taylor - Memphis, TN 38017 Officed at 297 Rivergate Drive, Memphis, TN 38109 until June of 2009 Transferred to Vancouver, British Columbia the week of June 15, 2009
5 Mark Doyle - Eads, TN 38028 Officed at 297 Rivergate Drive, Memphis, TN 38109
6 Steve Balwin -- address unknown (Defendant cannot find that a Steve Balwin was ever employed by Illinois Central).
Exhibit B, Second Affidavit of Charles Baker, Jr.
3. Further investigation has revealed that the following previously named witnesses have new current home addresses:
7 Brent Coleman - Cordova, TN 38016 Officed at 297 Rivergate Drive, Memphis, TN 38109
8 Brett Jury - Southaven, MS 38672 Officed at 297 Rivergate Drive, Memphis, TN 38109
4. In total, The Illinois Central employees who are potential witnesses with relevant personal knowledge have been identified by both parties as:
Miles to Memphis
9 Melody McKnight -- Nesbit, TN 22 10 Joseph D. Farris -- Memphis, TN 0
11 Charles McKnight - Nesbit, TN 22 12 Butch St. John - Southaven, MS 14
13 Fred Herndon - Olive Branch, MS 24
14 Charles Davis - Memphis, TN 0
15 Charles Baker - Germantown, TN 21
16 Brent Coleman - Cordova, TN 23 Exhibit C.
17 Mike McCorry -- address unknown
18 Derek Taylor -- last known address was Memphis, TN (Transferred to Vancouver, British Columbia the week of June 15, 2009) 0
19 Tim Wallender - Southaven, MS 14
20 Brett Jury - Southaven, MS 14
21 Josh Gandy - Millington, TN 19
22 Mark Doyle - Eads, TN 28 Exhibit C.
23 Steve Balwin -- address unknown
24 Ed Regel, Memphis, TN 0 1 Matt Dray, Grenada, MS 99 2 Paul Bourzikas, Southaven, MS 14
Exhibit B, Affidavit of Charles Baker, Jr.; Exhibit A to Memorandum in Support.
5. Plaintiff has also named additional medical providers in his Initial Disclosure:
Miles to Memphis
South County Imaging Center, St. Louis, MO 284 Baptist Memorial Hospital, Oxford, MS 85 Exhibit C.
Concentra Medical Centers, Memphis, TN 0 Dr. Holloway, Germantown, TN 21 Duckworth Pathology Group, Inc., Memphis, TN 0 Dr. Mallov, Memphis, TN 0 Dr. Lamar, Oxford, MS 85 Exhibit C.
Preventive Medicine, Philadelphia, PA 1018 Exhibit C.
Semmes-Murphy Neurologic & Spine Institute, Germantown, TN 21 Dr. King, Surgical Clinic of N. Mississippi, Oxford, MS 85 Exhibit C.
Dr. Morris, Office of bone and Joint Surgery, Memphis, TN 0 The West Clinic, Memphis, TN 0
Exhibit A. The following medical providers are named in Plaintiff's Initial Disclosure
and were also named in Illinois Central's Motion:
Olive Branch Family Medical Center, Olive Branch, Mississippi 24 Methodist Hospital South, Dr. Tupper, Memphis, Tennessee 0 Premier Care, Dr. Schoedinger, St. Louis, Missouri 284 Exhibit C.
Excel Imaging, St. Louis, Missouri 284 Exhibit C.
St. Anthony's Hospital, St. Louis, Missouri 284 Exhibit C.
Exhibit A; Exhibit A to Memorandum in Support.
6. As to the location of the alleged accident, it is undisputed that it occurred in Memphis, Tennessee. (Doc. 2, par. 5).
7. Plaintiff's Initial Disclosure has not cited any connection between the cause of action and the Southern District of Illinois.
8. In short, the relevant contacts are concentrated in and around the Western District of Tennessee. All of the fourteen known railroad witnesses reside within 100 miles of Memphis. Exhibit B. Of the seventeen known medical witnesses, twelve are located within 85 miles of Memphis. In addition, there are no known witnesses who reside in the Southern District of Illinois.
9. Based on these facts, the Court is well within its discretion to transfer this cause under 28 U.S.C. § 1404(a).
WHEREFORE, for the foregoing reasons, Illinois Central respectfully requests that this matter be transferred to the Western District of Tennessee.
Kurt E. Reitz, #06187793 525 West Main Street P.O. Box 750 Belleville, Illinois 62222-0750 618-277-4700 FAX 618-236-3434 OF COUNSEL: THOMPSON COBURN LLP Attorney for Defendant.
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