Rieve v. Coventry Health Care, Inc. et al

Filing 15

ORDER APPROVING STIPULATION TO TRANSFER VENUE TO THE CENTRAL DISTRICT OF CALIFORNIA. Signed by Judge Maxine M. Chesney on July 7, 2011. (mmclc1, COURT STAFF) (Filed on 7/7/2011)

1

5

BLUMENTHAL, NORDREHAUG & BHOWMIK
Norman B. Blumenthal (SBN 068687)
Kyle R. Nordrehaug (SBN 205975)
Aparajit Bhowmik (SBN 248066)
Piya Mukherjee (SBN 274217)
2255 Calle Clara
La Jolla, CA 92037
Telephone: [phone]
Facsimile: [phone]

6

Attorneys for Plaintiffs

7

MORGAN, LEWIS & BOCKIUS LLP
John S. Battenfeld (SBN 119513)
300 South Grand Avenue
Los Angeles, California 90071-3132
Telephone: [phone]
Facsimile: [phone]

2
3
4

8
9
10
11
12

Attorneys for Defendants
COVENTRY HEALTH CARE, INC. and
COVENTRY HEALTH CARE WORKERS’
COMPENSATION, INC.

13
UNITED STATES DISTRICT COURT
14
FOR THE NORTHERN DISTRICT OF CALIFORNIA
15
16

JULIA A. RIEVE, an individual, on behalf of
herself and all persons similarly situated,

17
Plaintiff,
18
v.
19
20

COVENTRY HEALTH CARE, INC.,
and COVENTRY HEALTH CARE
WORKERS COMPENSATION, INC.,

21
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. CV 11-1786 MMC
STIPULATION AND [PROPOSED]
ORDER TO TRANSFER VENUE TO
THE CENTRAL DISTRICT OF
CALIFORNIA PURSUANT TO 28 U.S.C.
§ 1404(a) ; ORDER THEREON
Complaint Filed: April 12, 2011

22
23
24
25
26
27
28

Stipulation and [Proposed] Order to Transfer Venue to the Central District of California / Case No. CV 11-1786

1
2
3
4
5

Plaintiff Julia A. Rieve (“Plaintiff”) and Defendants Coventry Health Care, Inc. and
Coventry Health Care Workers’ Compensation, Inc. (“Defendants”), having met and conferred
regarding proper venue for this matter, have agreed that this matter should be transferred to the
United States District Court for the Central District of California, Southern Division, pursuant to
28 U.S.C. § 1404(a). Accordingly, the parties hereby stipulate as follows:

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

WHEREAS, Plaintiff filed her First Amended Complaint on April 12, 2011;
WHEREAS, Defendant thereafter filed a Motion to Transfer Venue to the Southern
Division of the Central District of California pursuant to 28 U.S.C. § 1404(a) on the grounds that
(i) Plaintiff’s claims could have been brought in that district; (ii) the convenience of the
witnesses and parties favors a transfer; (iii) events relevant to Plaintiff’s claims and Defendant’s
defenses occurred in the Central District (e.g., Plaintiff’s supervisor was employed by Defendant
in the Central District of California) and, thus, sources of proof are in the Central District; and,
(iv) the interests of justice are furthered by such a transfer; and
WHEREAS, after filing its Motion, Plaintiff’s counsel met and conferred with
Defendant’s counsel regarding Defendant’s Motion to Transfer Venue, and the parties ultimately
agreed that this action should be transferred to the Southern Division of the Central District of
California for the convenience of the parties and witnesses;
NOW, THEREFORE, the parties hereby stipulate and agree, and respectfully request that
the Court order, that the above-captioned action be transferred to the Southern Division of the
Central District of California. The parties further stipulate and agree that, upon transfer, they
will meet and confer as to a briefing schedule for Plaintiffs’ motion for class certification that is
outside of the timing required by Central District Local Rule 23-3.
IT IS SO STIPULATED.

25
26

DATED: July 6, 2011

BLUMENTHAL, NORDREHAUG &
BHOWMIK

27
28

By /s/ Aparajit Bhowmik
Attorneys for Plaintiff
JULIA A. RIEVE
2
Stipulation and [Proposed] Order to Transfer Venue to the Central District of California / Case No. CV 11-1786

1
2

DATED: July 6, 2011

MORGAN, LEWIS & BOCKIUS LLP

3
/s/ John S. Battenfeld
John S. Battenfeld
Attorneys for Defendants
COVENTRY HEALTH CARE, INC. and
COVENTRY HEALTH CARE WORKERS’
COMPENSATION, INC.
By

4
5
6
7

[PROPOSED] ORDER

8
9

PURSUANT TO STIPULATION, IT IS SO ORDERED. The Court hereby orders

10

that this action be transferred to the Central District of California, Southern Division. No further

11

proceedings shall be had in this Court in this action.

12
13
14

DATED: July 7
____, 2011

__________________________________
THE HONORABLE MAXINE M. CHESNEY
UNITED STATES DISTRICT COURT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Stipulation and [Proposed] Order to Transfer Venue to the Central District of California / Case No. CV 11-1786