Free Motion to Change Venue - District Court of Delaware - Delaware

Case 1:07-cv-00099-GMS

Document 8

Filed 04/02/2007

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
MP VISTA, INC., HABIB PETROLEUM, and: WARREN'S SHELL, INC. INDIVIDUALLY: AND ON BEHALF OF THOSE SIMILARLY : SITUATED
vs.

No. l:07-CV-00099-***

MOTIV A ENTERPRISES LLC and

SHELL OIL COMPANY

DEFENDANTS' MOTION TO TRANSFER VENUE
Defendants Motiva Enterprises LLC ("Motiva") and Shell Oil Company ("Shell")

(collectively, "Defendants") move to transfer this putative class action to the Eastern District of

Louisiana, where the underlying events occurred and where class certification was denied last
year in a virtually identical case involving one of the same lawyers representing Plaintiffs here.

The District of Delaware has no connection to the facts or law of this dispute. This suit is
brought on behalf of a group of Motiva gasoline retailers and wholesalers located in Louisiana,
Florida, and Mississippi. Their claims arise out of an incident at Motiva's refinery located in the

Eastern District of Louisiana. Plaintiffs' claims wil be decided solely under Louisiana, Florida

or Mississippi state law. The only tenuous connection that this dispute has to Delaware is that

Defendants are organized here. Plaintiffs hope to take advantage of that fact to relitigate the
denial of class certification by another federal district judge who has spent almost three years
dealing with retailer and consumer class actions relating to the incident in question. Because this

copy-cat case seeks another bite at the apple, and the District of Delaware has no meaningful
connection to the law or facts, this action should be transferred in the interest of justice under 28
u.s.c. § l404(a).

HOUül:1021289.7

Case 1:07-cv-00099-GMS

Document 8

Filed 04/02/2007

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Consistent with Local Rule 7 .l.l, I certify that a reasonable effort has been made,

unsuccessfully, to reach agreement with plaintiffs counsel on the matters set forth in this
Motion.
PRICKETT, JONES & ELLIOTT, P.A.

BY: p~ 1'.
PAUL M. LUKOFF (J.D. No. 96)

DAVID E. BRAD (J.D. No. 201)
L3LO King Street

P. O. Box 1328 Wilmington, DE 19899 (302) 888-6500 Attorneys for Defendant

DATE: April 2, 2007

HOU01 :1021289.7

2