Washington v. Williams

696 F. Supp. 237, 1988 U.S. Dist. LEXIS 11260, 1988 WL 103449
CourtDistrict Court, S.D. Mississippi
DecidedSeptember 21, 1988
DocketCiv. A. No. W88-0042(B)
StatusPublished
Cited by1 cases

This text of 696 F. Supp. 237 (Washington v. Williams) is published on Counsel Stack Legal Research, covering District Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Washington v. Williams, 696 F. Supp. 237, 1988 U.S. Dist. LEXIS 11260, 1988 WL 103449 (S.D. Miss. 1988).

Opinion

MEMORANDUM OPINION AND ORDER

BARBOUR, District Judge.

This cause comes before the Court on three pending motions: (1) Defendant Union Carbide’s Motion to Dismiss or in the Alternative to Transfer Action or Stay Proceedings; (2) Plaintiffs’ Motion for Change of Venue; (3) Defendant Billy Ray Williams’ and Enterprise Transportation Company’s Motion to Dismiss for Improper Venue or, Alternatively, to Transfer, and Motion to Dismiss for Duplicative Litigation or Alternatively to Stay Proceedings, and Motion for Sanctions. Having considered the subject motions and the memo-randa and exhibits submitted therewith, the Court finds that the Defendants’ Motions should be sustained and that the Plaintiffs’ Motion for Change of Venue should be denied.

I. Factual and Procedural History

On March 30, 1988, Plaintiffs filed this action in the Southern District of Mississippi, Western Division, alleging that they were injured by exposure to toxic substances belonging to Defendant Union Carbide Corporation (“Union Carbide”) as a result of the negligence of Defendant Billie Ray Williams (“Williams”), an employee of Defendant Enterprise Transportation Company (“Enterprise”). The allegations of the Complaint state that Plaintiffs were resident citizens of the State of Louisiana at the time of the alleged negligent conduct resulting in their injuries, and Plaintiffs have continued to be residents of that state.

On or about October 2, 1986, Williams was employed as a truck driver by Enterprise. At that time, Williams was an adult resident citizen of the State of Texas, and has continued to be a resident of the State of Texas. On or about October 2, 1986, Williams was operating a truck and trailer in the city of Alexandria, Louisiana. The tanker/trailer contained a chemical known as ethyl acrylate. In their complaint, Plaintiffs allege that some of this chemical leaked from the tanker/trailer while Williams was passing through the City of Alexandria, and that Plaintiffs were injured as a result thereof.

On or about September 28, 1987, Plaintiffs filed a petition in the Ninth District Court of Rapides Parish, Louisiana, naming as Defendants Williams, Enterprise, and Union Carbide, contending that these Defendants were liable to the Plaintiffs for injuries sustained as a result of the chemical leakage which occurred in Alexandria, Louisiana. The Defendants in the Louisiana action removed that action to the United States District Court for the Western District of Louisiana, Alexandria Division.

As noted above, on March 30, 1988, Plaintiffs filed their Complaint in this action naming the same parties, Williams, Enterprise, and Union Carbide as Defendants. The Court notes that the allegations in the Complaint before this Court are substantially similar to those set forth in the petition filed by the Plaintiffs in the Louisiana action.

Union Carbide’s pending motion requests the Court to dismiss this action or alternatively, to transfer the action to Louisiana or stay the proceedings in this Court pending a resolution of the Louisiana action. Plaintiffs have moved for a change of venue of this action to the United States District Court for the Western District of Louisiana, Alexandria Division. Defendants Enterprise and Williams have moved to dismiss this action based on improper venue or, alternatively, to transfer the action to Louisiana. Williams and Enterprise have also moved to dismiss this action as dupli-cative of the Louisiana action or alternatively to stay proceedings in this action pending judgment in the Louisiana action. Enterprise and Williams also seek an award of sanctions against the Plaintiffs. Union Carbide has joined in Williams’ and Enterprise’s Motion for Sanctions.

II. Conclusions of Law

A. Defendants’ Motions to Dismiss.

All three Defendants have moved for dismissal of this action on several different [239]*239theories, including: (a) this action is dupli-cative of litigation presently pending in the United States District Court for the Western District of Louisiana; (b) the Southern District of Mississippi is not the proper venue for this action; and, (c) forum non conveniens. Plaintiffs have in effect admitted that this Court is the improper forum for the present action by filing their pending Motion for Change of Venue. In opposition to the Defendants’ motions, Plaintiffs explain that this action was brought in Mississippi to preserve their punitive damages claims which were time-barred under the Louisiana statute of limitations at the time Plaintiffs sought to amend their complaint in the Louisiana action to state an additional claim for punitive damages.

It is clear from the face of the Complaint that Mississippi has no connection with this litigation.1 As the amended complaint indicates, Defendant Williams is a resident of the State of Texas. Defendant Enterprise is a Texas corporation with its principal place of business in the State of Texas. Defendant Union Carbide is a New York corporation with its principal place of business in the State of Connecticut, but is qualified to do business in Mississippi. The controlling venue statute, 28 U.S.C. § 1391(a), provides as follows:

(a) A civil action wherein jurisdiction is founded only on diversity of citizenship may, except as otherwise provided by law, be brought only in the judicial district where all plaintiffs or all defendants reside, or in which the claim arose.

All Plaintiffs in this action reside in the State of Louisiana. The claim arose in the State of Louisiana. Therefore, the United States District Court for the Western District of Louisiana is a proper forum for this litigation. This Court is not a proper forum. Plaintiffs acknowledged as much by filing their earlier lawsuit in the Louisiana court. When the court determines that an action has been brought in the improper place, the court “shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.” 28 U.S.C. § 1406(a). Insofar as this action was improperly brought in this Court at a time when Plaintiff had an identical suit pending in another court, the Court is of the opinion that this cause should be dismissed. Dismissal conforms to the Supreme Court’s suggestion that federal district courts should avoid duplicative litigation. See Colorado River Water Conservation District v. United States, 424 U.S. 800, 817, 96 S.Ct. 1236, 1246, 47 L.Ed.2d 483 (1976). Since the Plaintiffs have an almost identical lawsuit pending before the United States District Court for the Western District of Louisiana, the Court finds that this duplicative litigation should be dismissed.

B. Defendants’ Motion for Sanctions.

Defendants Williams and Enterprise have moved for sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure. Union Carbide joins in that motion.

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Related

Washington v. Williams
884 F.2d 576 (Fifth Circuit, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
696 F. Supp. 237, 1988 U.S. Dist. LEXIS 11260, 1988 WL 103449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-williams-mssd-1988.