Roth Grading, Inc. v. Martin Brothers Construction

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

ROTH GRADING, INC.,

Plaintiff, 8:20CV10

v.

ORDER

MARTIN BROTHERS CONSTRUCTION,

Defendant.

On January 8, 2020, plaintiff Roth Grading, Inc. (“Roth Grading”), a Nebraska corporation, sued (Filing No. 1) defendant Martin Brothers Construction (“Martin Brothers”), a California corporation, in this District, alleging breach of contract under state law. Martin Brothers moved (Filing No. 5) to dismiss the case pursuant to Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction. Before its deadline to respond to that motion, Roth Grading filed a Motion to Transfer Venue pursuant to 28 U.S.C. § 1406 and Motion for Extension of Time (Filing No. 11). Section 1406(a) authorizes the Court to transfer a case brought “in the wrong division or district . . . to any district or division in which it could have been brought” if the Court determines the transfer is “in the interest of justice.” Noting that personal jurisdiction is not required for transfer under § 1406, see, e.g., Hapaniewski v. City of Chi. Heights, 883 F.2d 576, 579 (7th Cir. 1989) (“[P]ersonal jurisdiction…