Murphy v. Schneider National, Inc.

ORDER

The opinion published at 349 F.3d 1224 (9th Cir.2003) is amended to add the following footnote at the end of the second sentence in Part III.C:

A judge of this court sua sponte called for en banc reconsideration. The call failed to receive a majority vote of the active, non-recused judges. No further petition for rehearing or rehearing en banc *1136 will be accepted in this case. The Clerk is ordered to issue the mandate forthwith.

IT IS SO ORDERED.

OPINION

Plaintiff Charles E. Murphy was injured on premises owned by Defendant Trane Company (“Trane”) while Murphy was working as a long haul trucker for Defendant Schneider National, Inc. (“Schneider”). Murphy filed a personal injury action against Schneider and Trane in the United States District Court for the District of Oregon, based on diversity of citizenship. Schneider filed a motion to dismiss the action for improper venue, asserting that venue was proper only in Wisconsin state court because of the forum selection clause in Murphy’s employment contract with Schneider. Trane also filed a motion, asserting that Murphy’s claims against Trane should be dismissed based on forum non conveniens if the district court…