Opinion
:02CV01074
July 3, 2003
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
This case comes before the Court on defendants' motion to dismiss for lack of personal jurisdiction and improper venue or, in the alternative, to change venue. For the reasons listed in defendants' brief, it does appear that the Western District of Virginia would be the proper venue for the case. Defendants also do not deny that they are subject to personal jurisdiction in that district. Plaintiff filed a response and does not resist defendants' motion to transfer, does resist the motion to dismiss, and requests that the action be transferred to the Western District of Virginia.
This Court has the authority under 28 U.S.C. § 1406(a) to transfer cases filed in the wrong venue. The Court finds that such a transfer is appropriate and would be a better use of the parties' resources than dismissing the case and having plaintiff refile it in Virginia. Therefore, in the interests of justice, defendants' motion should be denied to the extent that it seeks to dismiss this action and granted to the extent that it seeks to transfer the matter to the Western District of Virginia.
IT IS THEREFORE RECOMMENDED that defendants' motion to dismiss, or in the alternative, to change venue (docket no. 15) be denied to the extent that it seeks dismissal and granted to the extent that it seeks a transfer of venue. This action should be transferred to the United States District Court for the Western District of Virginia.