From Nora v. M & A Transport, Inc., decided yesterday by Judge Susie Morgan (E.D. La.):
On June 30, 2025, Ms. Hamilton, on behalf of Plaintiff, signed and filed a Motion to Transfer Venue. On July 8, 2025, Defendants M & A Transport, LLS Leasing, Linda Stivason, and Mike Stivason (collectively, "Defendants") filed an opposition to Plaintiff's Motion to Transfer Venue. In this opposition, Defendants identified what they referred to as three "suspicious" citations.
The first of these "suspicious" citations is Ms. Hamilton's citation to Gallagher v. Wilton Enterprises, Inc., 962 F. Supp. 1162 (E.D. Pa. 1997). Ms. Hamilton cited Gallagher as a case in which "the Eastern District of Pennsylvania transferred a case filed in the wrong district rather than dismissing it, applying principles of equitable tolling and observing that transfer avoids harsh outcomes based on technical filing errors." The citation "962 F. Supp. 1162" corresponds to Kenro, Inc. v. Fax Daily, Inc. rather than Gallagher. Although Gallagher v. Wilton Enterprises, Inc. is the name of a reported opinion issued by the United States Court of Appeals for the First Circuit, neither Gallagher nor Kenro discuss venue transfer or equitable tolling.
Second, Ms. Hamilton cited Mader v. Advanced Neuromodulation Sys., Inc., 2005 WL 1863181 (E.D. La. Aug. 3, 2005) as a case in which "this Court granted a transfer where venue was technically improper but the claim was timely filed, reasoning that dismissal would unfairly prejudice the plaintiff." The Court's research does not reveal any cases bearing the name Mader v. Advanced Neuromodulation Sys., Inc. The citation "2005 WL 1863181" is for In re Yacavino, which is a New Jersey Supreme Court case on an attorney disciplinary matter.
