06/05/2008 7 MOTION for Extension of Time to File Response/Reply by Burr & Forman, LLP. (Nesmith, Kip) (Entered: 06/05/2008)
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Doc 7
Extract
MOTION FOR CHANGE OF VENUE
COME NOW the Defendants, Perihelion Global, Inc. and John Beebe, by and through their undersigned counsel, Julian McPhillips, and hereby move this Honorable Court for a change of venue in this action to the Northern District of Florida located in Pensacola, Florida, on the following grounds:
1. The Defendants in this case are residents of Santa Rosa Beach, Florida, which is in the northern panhandle of Florida. The Federal District Court located in Pensacola would be the proper venue for said location.
2. The actions and inactions of the Defendants giving rise to the subject matter of this complaint occurred in northern Florida for which a transfer to the Northern District of Florida would be proper venue.
3. Any witnesses that the Defendants would offer live in Florida, including forwarding attorney David McGee, who was involved in multiple communications between the parties, and the venue in Birmingham, Alabama would amount to a forum non conveniens and undue expense of time and money for said witnesses.
Respectfully submitted,
Perihelion Global, Inc. and
John Beebe,
Defendants/Counter-Plaintiffs
OF COUNSEL:
By /s/ Julian McPhillips
McPHILLIPS, SHINBAUM, LLP
Attorney for Defendants/Counter-Plaintiffs
Julian McPhillips
516 S. Perry St.
Montgomery, AL 36104
(334) 262-1911 |
