Legal Opinion
Sears Contract, Inc. v. Sauer Inc.
District Court, E.D. North Carolina
Decided April 25, 2019No. 5:18-CV-420-FLPublishedCited by 7 opinions
1Opinion of the Court
LOUISE W. FLANAGAN, United States District Judge
This matter is before the court on defendants' motion to dismiss for improper venue, pursuant to Federal Rule of Civil Procedure 12(b)(3), or, in the alternative, to transfer venue to the United States District Court for the Middle District of Florida. (DE 17). Plaintiff responded in opposition, and the time for reply has passed. In this posture, the issues raised are ripe for ruling. For the following reasons, the court denies the motion.
STATEMENT OF THE CASE
Plaintiff commenced this action pursuant to the Miller Act, 40 U.S.C. §§ 3131 et seq.,…
2Cases cited9 opinions
- Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.Supreme Court of the United States · 2013
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- Stewart Organization, Inc. v. Ricoh Corp.Supreme Court of the United States · 1988
- Trustees of the Plumbers & Pipefitters National Pension Fund v. Plumbing Services, Inc.Court of Appeals for the Fourth Circuit · 2015
- Bae Sys. Tech. Solution & Servs., Inc. v. Republic of Korea's Def. Acquisition Program Admin.Court of Appeals for the Fourth Circuit · 2018
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3Cited by7 opinions
- Bloomfield v. Forest River, Inc.District Court, S.D. West Virginia · 2024
- FedEx Trade Networks Transport & Brokerage, Inc. v. Airboss Defense Group, LLCDistrict Court, D. Maryland · 2023
- Franklin v. Cleo AI Inc.District Court, D. Maryland · 2024
- Franklin v. Cleo AI Inc.District Court, D. Maryland · 2024
- Janna Grant v. Ashley Furniture Industries, LLCDistrict Court, M.D. Florida · 2026
2 more not listed; retrieve them via the Exa API.