United States District Court, W.D. North Carolina, Asheville Division
CHERYL ANN HANLY and SHENNA F. SHOTWELL, Plaintiffs,
DRV, LLC and TOM JOHNSON CAMPING CENTER, INC., Defendants.
CARLETON METCALF UNITED STATES DISTRICT JUDGE.
matter is before the Court on Defendants' Motion to
Transfer Venue (Doc. 8). The issues have been fully briefed,
and the matter is ripe for ruling. For the reasons set forth
below, the Motion is denied.
Relevant Procedural Background
November 27, 2018, Plaintiffs filed their Complaint in the
Superior Court Division of the General Court of Justice of
Buncombe County, North Carolina. See Not. Rem. (Doc.
removed the case on January 2, 2019 based on federal question
jurisdiction, and subsequently, on January 18, 2019, filed
the instant Motion to Transfer Venue (Doc. 8) and a
supporting memorandum (Doc. 9).
filed a response (Doc. 13) and memorandum (Doc. 14) in
opposition on January 31, 2019.
have not filed a reply.
summary of the facts, as set forth in Plaintiffs'
Complaint (Doc. 1-1), is as follows:
about December 10, 2016, Plaintiffs entered into a contract
with Tom Johnson Camping Center, Inc. (“Camping
Center”) to purchase a fifth wheel towable recreational
vehicle (“Trailer”) that had been manufactured
and distributed by DRV, LLC (“DRV”). Compl.
total price for the Trailer was $114, 802.57; Plaintiffs paid
$20, 000 in cash when the purchase and sale agreement were
signed and financed the remaining $94, 802.57. Id.
provided certain limited warranties for the Trailer.
Id. ¶ 8.
took possession of the Trailer in December 2016 and, shortly
thereafter, begin experiencing numerous problems with it.
Id. ¶ 9.
December of 2016 and February of 2017, Plaintiffs had many
conversations with Defendants' representatives regarding
problems and defects with the Trailer. Id. ¶
about February 21, 2017, pursuant to an agreement with
Defendants, Plaintiffs brought the Trailer back to the
Camping Center to be serviced under the warranties.
Id. ¶ 11.
September of 2017, Plaintiffs again returned the Trailer to
the Camping Center for warranty repairs and parts.
Id. ¶ 14. Four weeks later, parts that were
needed had not arrived from DRV. Id.
January of 2018, following additional communications with
Defendants, Plaintiffs returned the Trailer to the Camping
Center for still more warranty service. Id. ¶
November 2018 when the Complaint was filed, the Camping
Center had completed some repairs. Id. ¶ 18.
Plaintiffs allege, though, that those repairs were not made
in a workmanlike manner, and that Defendants had failed and
refused to fully and properly make all necessary repairs to
the Trailer. Id.
the time they took possession of the Trailer until the filing
of their Complaint, Plaintiffs had been without the use and
possession of the ...