Andy Medina v. Hartford Life and Accident Insurance Company

Filing 6

ORDER TO SHOW CAUSE by Judge Percy Anderson: Before the Court is the First Amended Complaint filed by plaintiff Andy Medina (Plaintiff) on February 26, 2009. The First Amended Complaint makes no allegations concerning venue, nor does it provide the f acts necessary to establish personal jurisdiction over defendant Hartford Life & Accident Insurance Company (Defendant) in the Central District of California or to otherwise satisfy the requirements for venue under 28 U.S.C. § 1391. Indeed, beca use the First Amended Complaint alleges that Plaintiff resides in Kern County, and that the insurance policy at issue was purchased through the Kern Unified School District Federal Credit Union, it appears that the Eastern District of California, and not the Central District of California, is the proper venue for this action. The Court therefore orders Plaintiff to show cause in writing by March 9, 2009, why this action should not be transferred to a more convenient forum or dismissed for improper venue. See 28 U.S.C. §§ 1404, 1406. Plaintiff is ordered to personally serve a copy of this Order on Defendant within three (3) court days of the date of this Order or at the time of service if Defendant has not been served. (pso)

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No. Title CV 09-1014 PA (Ex) Andy Medina v. Hartford Life & Acc. Ins. Co. Date February 27, 2009

Present: The Honorable Paul Songco Deputy Clerk

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE Not Reported Court Reporter N/A Tape No.

Attorneys Present for Plaintiffs: None Proceedings: IN CHAMBERS - COURT ORDER

Attorneys Present for Defendants: None

Before the Court is the First Amended Complaint filed by plaintiff Andy Medina ("Plaintiff") on February 26, 2009. The First Amended Complaint makes no allegations concerning venue, nor does it provide the facts necessary to establish personal jurisdiction over defendant Hartford Life & Accident Insurance Company ("Defendant") in the Central District of California or to otherwise satisfy the requirements for venue under 28 U.S.C. § 1391. Indeed, because the First Amended Complaint alleges that Plaintiff resides in Kern County, and that the insurance policy at issue was purchased through the Kern Unified School District Federal Credit Union, it appears that the Eastern District of California, and not the Central District of California, is the proper venue for this action. The Court therefore orders Plaintiff to show cause in writing by March 9, 2009, why this action should not be transferred to a more convenient forum or dismissed for improper venue. See 28 U.S.C. §§ 1404, 1406. Plaintiff is ordered to personally serve a copy of this Order on Defendant within three (3) court days of the date of this Order or at the time of service if Defendant has not been served. IT IS SO ORDERED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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