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