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United States District Court for the Southern District of New York
May 5, 2022, Decided; May 6, 2022, Filed
21 Civ. 4385 (PED)
MEMORANDUM AND ORDER
PAUL E. DAVISON, U.S.M.J.:
This Memorandum and Order addresses three separate motions. Defendant Margarita Express, LLC ("Margarita") and Angel E. Perez-Reynoso ("Mr. Perez-Reynoso" and together with Margarita, the "Margarita Defendants"), move to transfer this action to the Middle District of Pennsylvania. Cross-defendant Valley Truck Center, Inc. ("Defendant Valley") moves to dismiss for lack of jurisdiction, or, alternatively, to transfer this action to the Middle District of Pennsylvania. Finally, Plaintiff Austin Environmental Corp. ("Austin" or "Plaintiff") cross-moves to amend its Complaint. The motions have been fully briefed. Oral argument was held on April [*2] 20, 2022.
For the reasons stated below, the motion filed by the Margarita Defendants is DENIED, Defendant Valley's motion is GRANTED, and Austin's cross-motion is GRANTED.
A. The Accident
The backdrop to this action is a single vehicle accident in Pennsylvania. On or around June 15, 2018, Mr. Perez-Reynoso was driving a tractor that was owned by Margarita. Attached to that tractor was a trailer owned by Austin, Margarita was allowed to use Austin's trailers pursuant to an Equipment Lease agreement (the "Agreement") that the parties entered into on February 27, 2018. While Mr. Perez-Reynoso was driving, one of the tires on Margarita's tractor spontaneously blew out, which resulted in an accident. Defendant Valley was contracted to clear the accident from the highway. Defendant Valley then stored the damaged tractor and the trailer until it received payment from Margarita and Austin.
B. The Pennsylvania Action
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2022 U.S. Dist. LEXIS 82606 *; 2022 WL 1443356
AUSTIN ENVIRONMENTAL CORP., Plaintiff, - against - MARGARITA EXPRESS, LLC, ANGEL E. PEREZ-REYNOSO, VALLEY TRUCK CENTER, INC., Defendants.
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