Turner v. Sedgwick Claims Management Services Inc et al

Filing 25

MEMORANDUM OPINION and ORDER, adopting the report and recommendation transferring case to another district: ORDER transferring case to the District of Eastern Missouri; original electronic record will be transferred to Clerk of Court 10 business days from this date.. Signed by Judge L Scott Coogler on 1/16/2015. (KAM, )

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FILED 2015 Jan-16 AM 11:32 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION VERA TURNER, Plaintiff; vs. SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) 7:14-CV-1244-LSC MEMORANDUM OF OPINION AND ORDER This is action brought by Plaintiff Vera Turner under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., for an alleged wrongful termination of long-term disability benefits. The Court currently has before it a motion filed by all defendants in which they seek to transfer this action to the United States District Court for the Eastern District of Missouri pursuant to 28 U.S.C. § 1404(a), based on a forum-selection clause in the ERISA plan documents. (Doc. 7.) The Magistrate Judge filed a report and recommendation on December 19, 2014, recommending that this Court grant the defendants’ motion to transfer this action. (Doc. 23.) No objections were filed. The action was subsequently reassigned Page 1 of 2 to the undersigned district judge. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the Court is of the opinion that the Magistrate Judge’s report is due to be and is hereby ADOPTED and the Magistrate Judge’s recommendation is ACCEPTED. Accordingly, it is hereby ORDERED AND ADJUDGED that pursuant to 28 U.S.C. § 1404(a), the above captioned action, filed and presently pending in this Court, be and hereby is transferred to the United States District Court for the Eastern District of Missouri. Done this 16th day of January 2015. L. Scott Coogler United States District Judge [160704] Page 2 of 2

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