govinfo:USCOURTS-ohsd-3_26-cv-00163-0

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UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF OHIO 
WESTERN DIVISION AT DAYTON 
 
THINKING SUNSHINE, LLC, 
 
 Plaintiff, 
 
 v. 
 
ISREAL DURAN, et al., 
 
 Defendants. 
 
 
 
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Judge Thomas M. Rose 
 
Magistrate Judge Caroline H. Gentry 
 
 
 
 
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ORDER OF TRANSFER 
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Plaintiff Thinking Sunshine, LLC (“Plaintiff”) filed a Complaint Isreal Duran and several 
other presumably related Defendants (“Defend ants”), on June 1, 2026. (Doc. Nos. 1, 3, 5.) 
According to 28 U.S.C. § 1391(b), civil suits may be brought only in the judicial district where (1) 
any defendant resides, if all defendants reside in the same State; (2) a substantial part of the events 
or omissions giving rise to the claim occurred; or (3) any defendant may be found, if there is no 
district in which the claim may otherwise be brought. When venue is not proper, the court “shall 
dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it 
could have been brought.” 28 U.S.C. § 1406(a). “[ E]ven when venue is pr oper, a district court 
may transfer a civil action to any other district where it mig ht have been brought for the 
convenience of the parties and witnesses and in the interest of justice.” Ragland v. Corizon Med. 
Providers Inc., No. 2:19-CV-11859, 2019 WL 2716221, at *2 (E.D. Mich. June 28, 2019) (citing 
28 U.S.C. § 1404(a)). Both 28 U.S.C. §§ 1404(a) a nd 1406(a) allow a district court to transfer a 
case sua sponte. Flynn v. Greg Anthony Constr. Co., Inc., 95 F. App’x. 726, 738 (6th Cir. 2003). 
Case: 3:26-cv-00163-TMR-CHG Doc #: 6 Filed: 06/02/26 Page: 1 of 2 PAGEID #: <pageID>
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Based on the face of the Complaint Defendant s are domiciled out-of-state and Plaintiff is 
domiciled in Delaware County, Ohio. (Doc. No. 5 at PageID 66-67.) With Delaware County 
being located in this Court’s Eastern Division, the t hus Court finds that a tr ansfer of this case to 
the United States District Court for the Southern District of Ohio, Eastern Division at Columbus, 
is warranted. See 28 U.S.C. § 1406(a); see also S.D. Ohio Civ. R. 82.1(b). 
Pursuant to 28 U.S.C. § 1391(b) and S.D. Oh io Civ. R. 82.1(b), the Clerk of Courts is 
hereby DIRECTED TO TRANSFER this case to the Southern District of Ohio, Eastern Division 
at Columbus for all further proc eedings. Upon transfer to the Co lumbus seat of Court, the case 
shall be assigned a new resident Magistrate Judge and District Judge accordingly. 
DONE and ORDERED in Dayton, Ohio, this Tuesday, June 2, 2026. 
s/Thomas M. Rose 
 ________________________________ 
THOMAS M. ROSE 
 UNITED STATES DISTRICT JUDGE 
Case: 3:26-cv-00163-TMR-CHG Doc #: 6 Filed: 06/02/26 Page: 2 of 2 PAGEID #: <pageID>

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