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Ainsworth ex rel. All Others Similarly Situated v. Rod's Prod. Servs., LLC

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION
Sep 2, 2015
Case No. A-15-CA-605-SS (W.D. Tex. Sep. 2, 2015)

Opinion

Case No. A-15-CA-605-SS

09-02-2015

SONNY AINSWORTH, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. ROD'S PRODUCTION SERVICES, LLC, Defendant.


ORDER

BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, specifically Plaintiff Sonny Ainsworth's Corrected First Amended Collective Action Complaint and Jury Demand [#54]. Having reviewed the pleadings, the relevant law, and the case file as a whole, the Court now enters the following opinion and orders.

In this Fair Labor Standards Act (FLSA) case, Plaintiff Sonny Ainsworth brings individual and collective claims against Defendant Rod's Production Services, LLC (RPS) for recovery of unpaid overtime compensation. At a hearing held on August 21, 2015, the Court learned a majority of RPS's welders live in the Northern District of Texas and a majority of Ainsworth's work in Texas has been performed in oil fields in Pleasanton, Odessa, and Bowie. See Aug. 28, 2015 Order [#52] at 10. Based on this information, the Court asked the parties to submit a letter brief within one week of the hearing explaining the case's connection to Austin or whether an alternative venue would be proper. In compliance with the Court's request, the parties have agreed to transfer this action to the Western District of Texas, San Antonio Division. See Ex. A to this Order.

"For 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). "The district court has broad discretion in deciding whether to order a transfer." In re Volkswagen of Am., Inc., 454 F.3d 304, 311 (5th Cir. 2008) (citing Caldwell v. Palmetto State Sav. Bank of S.C., 811 F.2d 916, 919 (5th Cir. 1987)). In deciding whether or notto transfer venue for the convenience of parties and witnesses and in the interest of justice, courts in the Fifth Circuit generally consider a number of private- and public-interest factors. See In re Volkswagen AG, 371 F.3d 201, 203 (5th Cir. 2004) (citations omitted). Here, the Court finds no discernible connection between the facts alleged in Ainsworth's Amended Complaint and the Austin Division. Accordingly, because the parties agree venue is proper in the San Antonio Division, and because the private- and public-interest factors weigh in favor of such a transfer, this case is hereby TRANSFERRED to the Western District of Texas, San Antonio Division.

Accordingly,

IT IS ORDERED that the Clerk TRANSFER this case to the United States District Court for the Western District of Texas, San Antonio Division.

SIGNED this the 2 day of September 2015.

/s/_________

SAM SPARKS

UNITED STATES DISTRICT JUDGE

FAX MESSAGE

TO: The Honorable Judge Sam Sparks FROM: Sam F. Fulkerson DATE: August 28, 2015 FAX NO.: (512) 916-5500 RE: Ainsworth v. Rod's Production Services, LLC; Case No. CIV-15-605

MESSAGE:

Please see attached.

/s/_________

August 28, 2015

VIA FACSIMILE (512) 916-5500
The Honorable Judge Sam Sparks
501 W. 5 St., St. 4120
Austin, TX 78701
Re: Ainsworth v. Rod's Production Services, LLC; Case No. CIV-15-605; Letter Requesting Transfer Dear Judge Sparks:

As you ordered at the August 14, 2015, hearing, the parties have met and conferred regarding a transfer of Ainsworth v. RPS. The parties have agreed to a transfer to the Western District of Texas, San Antonio Division- We respectfully request that you transfer the case to the San Antonio Division. Should you have any questions, please do not hesitate to contact us.

Respectfully,

/s/ Sam R. Fulkerson

Sam R. Fulkerson

/s/ Galvin B. Kennedy

Galvin B. Kennedy


Summaries of

Ainsworth ex rel. All Others Similarly Situated v. Rod's Prod. Servs., LLC

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION
Sep 2, 2015
Case No. A-15-CA-605-SS (W.D. Tex. Sep. 2, 2015)
Case details for

Ainsworth ex rel. All Others Similarly Situated v. Rod's Prod. Servs., LLC

Case Details

Full title:SONNY AINSWORTH, Individually and on Behalf of All Others Similarly…

Court:UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Date published: Sep 2, 2015

Citations

Case No. A-15-CA-605-SS (W.D. Tex. Sep. 2, 2015)