Actrade Liquidation Trust v. HLC Industries, Inc.

Full title: ACTRADE LIQUIDATION TRUST, Plaintiff, v. HLC INDUSTRIES, INC. Defendant

Court: United States District Court, M.D. Alabama, Northern Division

Date published: Dec 20, 2005

Civil Action No. 2:05cv589-T (M.D. Ala. Dec. 20, 2005)

Opinion

Civil Action No. 2:05cv589-T.

December 20, 2005

ORDER

MYRON THOMPSON, District Judge

After independent and de novo review of the record and there being no objection from the parties, it is ORDERED as follows:

(1) The report and recommendation of the bankruptcy judge (Doc. No. 38) is adopted.

(2) Defendant HLC Industries, Inc.'s motion to dismiss (Doc. No. 15) is denied.

(3) This lawsuit is transferred to the United States District Court for the Southern District of New York, pursuant to the forum selection clause in the contract between defendant HLC Industries, Inc. and plaintiff Actrade Liquidation Trust and the doctrine of forum non conveniens.

(4) Plaintiff Actrade Liquidation Trust's motion to refer the case to the bankruptcy court (Doc. No. 3), motion for expedited hearing (Doc. No. 21), and motion for leave to file (Doc. No. 35) are denied as moot.

The clerk of the court is DIRECTED to take appropriate steps to effect the transfer.