Dalton v. J.H. Carr & Sons

MEMORANDUM AND ORDER

LOVELL, District Judge.

Defendant J.H. Carr & Sons moves to dismiss the above-entitled action on the basis of improper venue or, in the alternative, to transfer the case to the Missoula Division of this Court. The remaining defendants join in such motion. Plaintiff opposes dismissal or transfer, and urges the Court to defer to her choice of forums.

Jurisdiction is based on diversity of citizenship. 28 U.S.C. § 1332. Plaintiff is a resident of Flathead County, Montana. Defendants are citizens of the state of Washington.

Where jurisdiction in a civil action is founded only on…