Opinion
CIVIL ACTION NO. 12-1547
11-02-2012
ODEN METRO TURFING, INC. v. CONTINENTAL CASUALTY COMPANY
JUDGE STAGG
MAG. JUDGE KAREN L. HAYES
JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered, together with the written objections thereto filed with this Court, and, after a de novo review of the record, finding that the Magistrate Judge's Report and Recommendation is correct,
IT IS ORDERED that the 12(b)(1) Motion to Dismiss for Lack of Capacity and Subject Matter Jurisdiction [doc. # 3] filed by Defendant, Continental Casualty Company is hereby DENIED. The undersigned notes that the defendant may re-urge the defense of lack of subject matter jurisdiction and the district court has the "authority to inquire at any time whether the conditions under which it may exercise its jurisdiction have been met." See Peacock v. U.S., 597 F.3d 654, 660 (5th Cir. 2010).
IT IS FURTHER ORDERED that the 12(b)(3) Motion to Dismiss for Improper Venue [doc. # 3] filed by Defendant, Continental Casualty Company is hereby GRANTED, and that the above-captioned cause be TRANSFERRED to the United States District Court for the Eastern District of Texas, Tyler Division.
THUS DONE AND SIGNED this 1st day of November, 2012, Shreveport, Louisiana.
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TOM STAGG
UNITED STATES DISTRICT JUDGE