Centurion Service Group, LLC v. SBMC Healthcare, LLC et al

MOTION

N.D. Ill.December 27, 2012

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CENTURION SERVICE GROUP, LLC ) an Illinois limited liability company, ) ) Plaintiff, ) CASE NO. 12-cv-09318 ) vs. ) ) Honorable Amy J. St. Eve ) SBMC HEALTHCARE, LLC, a Texas ) limited liability company, MCVEY & CO. ) INVESTMENTS, LLC, a Texas limited ) liability company, MARTY L. MCVEY ) a Texas Resident, and ) RICHARD S. GARFINKEL, ) a Texas resident, ) ) Defendants. ) DEFENDANT SBMC HEALTHCARE, LLC’S MOTION TO DISMISS, OR IN THE ALTERNATIVE MOTION TO TRANSFER Defendant SBMC Healthcare, LLC (“SBMC” or “Defendant”), moves this Court to dismiss this action on forum non conveniens grounds, or moves to transfer pursuant to 28 U.S.C. §1404 and would respectfully show as follows: I. Summary of the Argument 1. The objective of this motion is to avoid duplicative, piecemeal litigation. The forum selection clause is the sole basis for jurisdiction over SBMC in this forum. However, the transaction between SBMC and Centurion took place entirely in Houston, Texas. Centurion itself also bought some of the equipment and picked it up at SBMC in Houston, Texas. Case: 1:12-cv-09318 Document #: 18 Filed: 12/27/12 Page 1 of 3 PageID #:438 2 2. Therefore, in the interests of justice and judicial economy, Defendant SBMC requests dismissal of this action pursuant to forum non conveniens or transfer of the case to the Southern District of Texas to avoid piecemeal, duplicative litigation in this forum. II. Argument and Authorities A. The Complaint should be Dismissed based on Forum Non Conveniens 3. Under forum non conveniens, court may dismiss a case if it best serves the ends of justice and the convenience of the parties. In re Bridgestone/Firestone, Inc., Tires Product Liability Action, 420 F.3d 702, 703 (7th Cir. 2005). Requiring SBMC to defend this suit in the Northern District of Illinois would be both oppressive and vexatious to a degree far outweighing any convenience to Centurion. Forcing one Defendant, SBMC to proceed in this forum will lead to piecemeal litigation generally disfavored among the district courts. 4. All of the Plaintiff's allegations of wrongdoing occurred in Houston, Texas. SBMC meets all of the requirements necessary for dismissal under this doctrine to an appropriate forum. The ends of justice and the convenience of the parties are best served by dismissal of the claims against SBMC. B. In the Alternative, the Case should be Transferred 5. Alternatively, SBMC requests that this case be transferred to the Southern District of Texas pursuant to 28 U.S.C. § 1404(a). Section 1404(a) provides “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” 28 U.S.C. § 1404(a). 6. Virtually all of the witnesses that would potentially testify in this case (including the Defendants) reside in Texas. Importantly, the location of the material events giving rise to this action center on Houston, Texas. Clearly, it is proper to transfer this case to the Southern Case: 1:12-cv-09318 Document #: 18 Filed: 12/27/12 Page 2 of 3 PageID #:439 3 District of Texas. If SBMC is required to remain in this forum, it will lead to duplicative, piecemeal litigation which requires two different courts to determine that same issues and waste judicial resources. Defendant SBMC Healthcare, LLC respectfully requests that this Court dismiss it from this action, or in the alternative transfer the case against it to the Southern District of Texas, and grant Defendant such other and further relief to which it may show itself justly entitled. Dated: December 27, 2012 Respectfully submitted, JOHNSON DELUCA KURISKY & GOULD A Professional Corporation By: /s/ Millard A. Johnson Millard A. Johnson State Bar No. 10772500 mjohnson@jdkglaw.com Christopher L. Johnson SBT No. 24069999 cjohnson@jdkglaw.com 4 Houston Center 1221 Lamar, Suite 1000 Houston, Texas 77010 (713) 652-2525 – Telephone CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been served upon the following counsel for the Plaintiffs on this 27th day of December, 2012, via the Court’s ECF/PACER system: ____/s/ Christopher L. Johnson____ Christopher L. Johnson Case: 1:12-cv-09318 Document #: 18 Filed: 12/27/12 Page 3 of 3 PageID #:440