Ranasinghe et al v. Great West Casualty Company et al

Filing 34

MEMORANDUM AND ORDER: Plaintiffs' counsel has submitted a letter indicating that plaintiffs have filed an action against the Attorney Defendants in the District of Arizona. See Ranasinghe v. Popolizio, No. CV-14-00369-PHX-ROS (D. Ariz. 2014). Accordingly, the Clerk of Court is directed to transfer this action to the United States District Court for the District of Arizona. Ordered by Chief Judge Carol Bagley Amon on 3/18/2014. (Fernandez, Erica) [Transferred from nyed on 3/19/2014.]

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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PREMALAL RANASINGHE and
PALIHA WADANAGE RAMY A CHANDRALA
FERNANDO,
Plaintiffs,
-against-

GREAT WEST CASUALTY COMPANY,
JOSEPH J. POPOLIZIO, PHILLIP H. STANFIELD
and JONES, SKELTON & HOCHULI P.L.C.,
Defendants.

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NOT FOR PUBLICATION
MEMORANDUM & ORDER
13-cv-4111 (CBA) (CLP)

FILED

IN CLERK'S OFFICE

U.S. DISTRICTCOURTEO.N.Y.

* MAR Ig i!~;i

BROOKLYI\i '-••-n ·'~

AMON, Chief United States District Judge:
On November 21, 2013, defendant Great West Casualty Company ("Great West") and
defendants Joseph J. Popolizio, Esq. ("Popolizio"), Phillip H. Stanfield, Esq. ("Stanfield"), and
Jones, Skelton & Hochuli, P.L.C. (collectively, the "Attorney Defendants") filed separate
motions to dismiss the complaint. On January 21, 2014, this Court issued an Order granting the
Attorney Defendants' motion to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(2) for
lack of personal jurisdiction. (D.E. # 28.) The Order also granted in part and denied in part
Great West's motion to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6) for failure to
state a claim. Lastly, the Order provided that if plaintiffs refiled claims against the Attorney
Defendants in the United States District Court for the District of Arizona, this Court would
transfer the remaining claim in this action to that District. See. e.g., APA E]{celsior III L.P. v.
Premiere Techs., Inc., 49 F. Supp. 2d 664, 668 (S.D.N. Y. 1999) ("It is well established that the
e]{istence of a related action pending in the transferee court weighs heavily towards transfer.")
Plaintiffs' counsel has submitted a letter indicating that plaintiffs have filed an action
against the Attorney Defendants in the District of Arizona. See Ranasinghe v. Popolizio, No.

CV-14-00369-PHX-ROS (D. Ariz. 2014). Accordingly, the Clerk of Court is directed to transfer
this action to the United States District Court for the District of Arizona.

SO ORDERED.

/fJ,

Dated: March
2014
Brooklyn, N.Y.

'
s/Carol Bagley Amon
1:;;ol Bagl{y An{l; /
Chief United States District Judge

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