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Michael W. Yocina D/B/A Harvest Moon Hydroponics v. Harvest Moon Indoor Gardening

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


February 27, 2012

MICHAEL W. YOCINA D/B/A HARVEST MOON HYDROPONICS PLAINTIFF,
v.
HARVEST MOON INDOOR GARDENING, INC. AND THOMAS BOBOSKY, DEFENDANTS.

The opinion of the court was delivered by: Jeremiah J. Mccarthy United States Magistrate Judge

DECISION AND ORDER

This action has been referred to me by Order of Hon. Richard J. Arcara for supervision of pretrial proceedings in accordance with 28 U.S.C. §636(b)(1) [20].*fn1 Before me is defendants' motion to dismiss this action for lack of personal jurisdiction and improper venue [14].

At the parties' request [23], a settlement conference was held before me on February 27, 2012. At that conference, the parties reached an agreement to resolve this action, the terms of which are memorialized in the "Settlement and Phase-Out Agreement" annexed hereto. Among those terms is that the motion to dismiss be converted to a motion to transfer venue to the United States District Court for the Northern District of Ohio, Eastern Division, for entry of a Consent Order (see Settlement and Phase-Out Agreement, §§22-23). Motions to transfer venue are nondispositive. Anscombe Broadcasting Group, Ltd. v. RJM Communications, Inc., 2004 WL 2491641, *1 n. 1 (W.D.N.Y. 2004) (Foschio.M.J.); O'Brien v. Gold Star Technologies, Inc., 812 F.Supp. 383 (W.D.N.Y.1993) (Heckman, M.J.).

Accordingly, pursuant to 28 U.S.C. §1404(a), it is hereby ORDERED that this action be transferred to the United States District Court for the Northern District of Ohio, Eastern Division (a district in which the action could have been brought), for entry of a Consent Order in accordance with the terms of the Settlement Agreement.

SO ORDERED.

Jeremiah J. McCarthy


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