Opinion
NO. 2018 CW 0271
05-29-2018
CHRISTINE BRASHER v. THE BOARD OF SUPERVISORS FOR UNIVERSITY OF LOUISIANA AT LAFAYETTE AND JERRY LUKE LEBLANC, IN HIS CAPACITY AS THE VICE PRESIDENT OF ADMINISTRATION AND FINANCE OF THE UNIVERSITY OF LOUISIANA AT LAFAYETTE
In Re: Christine Brasher, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 658462. BEFORE: WHIPPLE, C.J., McDONALD AND CHUTZ, JJ.
WRIT GRANTED WITH ORDER. East Baton Rouge Parish is a proper venue for this litigation. See La. R.S. 13:5104(A). Where proper venue can be established in more than one parish, "plaintiffs may choose any venue available." Cacamo v. Liberty Mut. Fire Ins. Co., 99-3479 (La. 6/30/00), 764 So.2d 41, 44. The burden is on the party seeking a transfer to show why the motion should be granted because the plaintiff's initial choice of forum is entitled to deference. Holland v. Lincoln General Hosp., 2010-0038 (La. 10/19/10), 48 So.3d 1050, 1055, citing Lamb v. Highlines Construction Co., 541 So.2d 269, 271 (La. App. 4th Cir. 1989) and Piper Aircraft Co. v. Reyno, 454 U.S. 235, 255, 102 S.Ct. 252, 70 L.Ed.2d 419 (1981). The distance between East Baton Rouge Parish and Lafayette Parish is minimal, and therefore, not determinative. On the showing made, we do not find that defendants have established that Lafayette is a more convenient forum. Accordingly, we reverse the ruling of the trial court transferring these proceedings to the 15th Judicial District Court in the Parish of Lafayette, and ORDER that the matter be transferred back to the 19th Judicial District Court for the Parish of East Baton Rouge.
JMM
WRC
VGW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT