24 Hour Fitness USA, Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA

Filing 22

ORDER TRANSFERRING CASE.. Signed by Judge Samuel Conti on 9/27/11. (sclc1, COURT STAFF) (Filed on 9/27/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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24 HOUR FITNESS USA, INC.,

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Plaintiff,
v.

United States District Court

For the Northern District of California

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NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA,
Defendant.

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Case No. 11-2695 SC
ORDER TRANSFERRING CASE TO
THE CENTRAL DISTRICT OF
CALIFORNIA

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Plaintiff 24 Hour Fitness USA, Inc. ("Plaintiff") brings this

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action for reimbursement of attorneys' fees and expenses that it

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allegedly incurred defending a consumer class action suit, Friedman

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v. 24 Hour Fitness USA, Inc., No. CV 06-6282 (the "Friedman

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lawsuit"), in the United States District Court in the Central

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District of California.

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District preliminarily approved the class settlement in the

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Friedman lawsuit on March 29, 2010 and entered an order of final

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approval of the class settlement on July 12, 2010.

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Plaintiff alleges that Defendant National Union Fire Insurance

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Company ("Defendant") is obligated to pay for fees and expenses

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incurred by Plaintiff in defending against the Friedman lawsuit but

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has refused to do so.

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ECF No. 1 ("Compl.") ¶¶ 1, 7.

The Central

Id. ¶ 12.

Id. ¶¶ 27, 29.

Plaintiff alleges that diversity jurisdiction exists pursuant

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to 28 U.S.C. § 1332 because the parties are citizens of different

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states and the amount in controversy exceeds $75,000.

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Plaintiff also claims that venue lies in the Northern District

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because Defendant resides in this district and the defense

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expenditures in the Friedman lawsuit were incurred and paid by 24

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Hour Fitness in this district.

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Id. ¶ 4.

Id. ¶ 5.

In diversity cases, venue is proper in a judicial district

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where: (1) "any defendant resides," (2) "a substantial part of the

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events or omissions giving rise to the claim occurred," or (3) "any

United States District Court

For the Northern District of California

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defendant is subject to personal jurisdiction at the time the

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action is commenced."

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1404(a), a district court may transfer any civil action to any

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other district where it might have been brought "[f]or the

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convenience of parties, in the interest of justice."

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court may transfer venue sua sponte.

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Furniture Co., 1 F.3d 964, 965-966 (9th Cir. 1993); Bell v. Univ.

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of Cal. Davis Med. Ctr., No. 11-01590 CW, 2011 U.S. Dist. LEXIS

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71206, at *1-2 (N.D. Cal. July 1, 2011).

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28 U.S.C. § 1391(a).

Under 28 U.S.C.

The district

See Muldoon v. Tropitone

A substantial part of the events giving rise to Plaintiff's

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claims occurred in the Central District, where Plaintiff defended

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against the Friedman suit.

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justice, this case is transferred to the Central District of

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California.

Accordingly, in the interest of

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IT IS SO ORDERED.

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Dated: September 27, 2011
UNITED STATES DISTRICT JUDGE

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