Gardner v. Coldwell Banker Legacy LLC et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
WILLIAM GARDNER,
Plaintiff,
v. 	No. 1:25-cv-01212-SCY
COLDWELL BANKER LEGACY LLC, JUMP
INC., JOHN LOPEZ, PLATINUM REAL ESTATE
PARTNERS LLC, NEW MEXICO LAND AND
TITLE CO., CHAD HAMM, STATE OF NEW
MEXICO, GATTON & ASSOCIATES, P.C.,
GIDDENS AND GATTON LAW FIRM P.C.,
DAVID GIDDENS, in his official and individual
capacities, CHRIS GATTON, in his official and
individual capacities, BURRAGE & JOHNSON,
CPAs, LLC, ACCOUNTING, and JEROME
JOHNSON, in his official and individual capacities,
Defendants.
ORDER DENYING MOTION FOR CHANGE OF VENUE
Plaintiff asks the Court to transfer this case from the Albuquerque division of this Court
to the Las Cruces division pursuant to 28 U.S.C. § 1404(a) which provides:
For the convenience of parties and witnesses, in the interest of justice, a district
court may transfer any civil action to any other district or division where it might
have been brought or to any district or division to which all parties have
consented.
See Motion for Change of Venue, Doc. 6, filed December 18, 2025.
The Court denies Plaintiff’s Motion for Change of Venue without prejudice as premature.
None of the Defendants have appeared in this case. Consequently, the Court cannot evaluate the
convenience of all parties and witnesses. Nor have all Defendants consented to the transfer of
this case to the Las Cruces division.
Case 1:25-cv-01212-SMD-SCY Document 7 Filed 12/22/25 Page 1 of 2

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IT IS ORDERED that Plaintiff’s Motion for Change of Venue, Doc. 6, filed
December 18, 2025, is DENIED.
_____________________________________
UNITED STATES MAGISTRATE JUDGE
Case 1:25-cv-01212-SMD-SCY Document 7 Filed 12/22/25 Page 2 of 2