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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND GARY MARTIN WHITTAKER v. WALTER WINNER, ET AL. * * * Civil No. JFM-02-2442 * * ***** MEMORANDUM

This action arises out of injuries that one of the plaintiffs, Gary Martin Whittaker, suffered while on a chartered fishing trip in the Gulf Stream off the coast of North Carolina. Plaintiffs are citizens of Maryland. There are various defendants who are alleged to be citizens of Florida, North Carolina, and Pennsylvania. After plaintiffs effected service on two of the defendants, Walter Winner and The Skeets Winner Corporation, and defendants failed to respond to the complaint, plaintiffs filed a motion for default judgment . Upon reviewing the allegations in the complaint, this court noted that there were no allegations to support the assertion of personal jurisdiction over any of the defendants in Maryland. Accordingly, the court wrote to plaintiffs' counsel, stating that the complaint "does not appear to contain any allegations that would establish that defendants are subject to personal jurisdiction in Maryland." Two months later plaintiffs responded to this court's letter by filing a motion to transfer this action "to the United States District Court for the District of North Carolina."1 The only fact

Plaintiffs brought their motion under 28 U.S.C.

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Maryland Law