LAST UPDATED 08/15/19

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UNITED STATES BANKRUPTCY COURT
DISTRICT OF MASSACHUSETTS

Chapter 11
No. 96-10123-CK


In Re:

V&M MANAGEMENT , INC.

Debtor,


ALPHONSE MOURAD,

Plaintiff,

v.

STEPHEN GREY, TRUSTEE,

Defendant.

MOTION TO FOR A CHANGE OF VENUE TO THE
EASTERN DISTRICT OF MASSACHUSETTS

Plaintiff, Alphonse Mourad, by and through his counsel, 5001-1(c) and (d) and 28 U.S.C. 1408, requests this Honorable Court to transfer this matter to the Eastern District of Massachusetts. In support thereof, Plaintiff states as follows:

1. As a factual matter, it is common knowledge that all parties reside in the Eastern District of Massachusetts. See Docket Sheet generally. It is also common knowledge that the Plaintiff is an elderly man, suffering from significant health problems and financially indigent. See Docket Sheet generally. These factual matters have been addressed in a variety of circumstances by this Court. Id.

2. Over the course of this litigation, the Plaintiff and the former presiding Judge developed, to say the least, a strained relationship. For instance, the Judge issued an order denying Plaintiff access to the courthouse. Id. The Plaintiff, on the other hand, sought the Judge's recusal. Id.

3. The former presiding Judge, aware of the Plaintiff's health and financial issued, reassigned the case to the Western District. See Exhibit 1. The order does not articulate the reason for assigning the case to a different district. The order maintained the Court's restriction relative to the Courthouse in Boston, but apparently did not restrict the Plaintiff's access to the Courthouse in Worcester, Massachusetts. Id.

4. Under the Local Bankruptcy Rules, venue for a division is fashioned in the same matter as venue for a district under 28 U.S.C. 1408. M.B.L.R. 5001-1. Applying the statute relative to the selection of the division, there are no facts which warrant an assignment to any division other than the Eastern Division of Massachusetts. The Court's re-assignment order does not provide sufficient information as to why the transfer was in the interest of justice or related to the efficient performance of the business of the Court. The Order does not provide any information to allow one to discern why Mr. Mourad is permitted in one Federal Courthouse, but not another.

5. Finally, despite the fact that the former presiding Judge denied the Motion for Recusal, its seems in the best interest of justice to treat the reassignment as within the provisions of M.B.L.R. 5001-1(d). As such, reassignment is required to another Judge in the Eastern Division. The reassignment to the Eastern Division is clearly in the interest of justice.
WHEREFORE, Plaintiff, Alphonse Mourad, by and through his counsel, 5001-1(c) and (d) and 28 U.S.C. 1408, requests this Honorable Court to transfer this matter to the Eastern District of Massachusetts.

Respectfully Submitted,


Attorney for Plaintiff
Lester E. Riordan III
81 Washington Street, Suite 8
Salem, MA 01970
Telephone: 1-978-744-9461
BBO #: 633725