Albertson v. Monumental Insurance Company et al

Filing 23

ORDER denying without prejudice request for order transferring action contained within 15 Notice of Pendency of Other Action or Proceeding. Signed by Judge Whyte on 6/8/09. (rmwlc3, COURT STAFF) (Filed on 6/11/2009)[Transferred from California Northern on 1/6/2010.]

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ORDER DENYING WITHOUT PREJUDICE MOTION TO TRANSFER--No. C-08-05441 RMW TER

E-FILED on 6/11/09

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

JAMES O. ALBERTSON, Plaintiff, v. MONUMENTAL LIFE INSURANCE COMPANY, GLOBAL LIFE & ACCIDENT INSURANCE COMPANY, and DOES 1-10, inclusive, Defendants.

No. C-08-05441 RMW

ORDER DENYING WITHOUT PREJUDICE MOTION TO TRANSFER [Re Docket No. 15]

Defendant Monumental Life Insurance Company has filed a Notice of Pendency of Other Action or Proceeding under Local Rule 3-13, which in part seeks an order transferring this action to the Southern District of California. Defendant Global Life & Accident Insurance Company does not oppose the request. Plaintiff opposes the request, in part on the procedural grounds for making the motion through a notice under Local Rule 3-13. Defendant's motion is denied without prejudice. Defendant may file a motion to transfer, pursuant to Local Rule 7-1 et seq. and the court's Standing Order Regarding Case Management in Civil Cases. DATED: 6/8/09

RONALD M. WHYTE United States District Judge

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Notice of this document has been electronically sent to: Counsel for Plaintiff: Melbourne Brady Weddle Counsel for Defendants: Catherine T.S. Gregory Sean Patrick Nalty Seth Warner Whitaker [e-mail] [e-mail] [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

6/11/09

TER Chambers of Judge Whyte

ORDER DENYING WITHOUT PREJUDICE MOTION TO TRANSFER--No. C-08-05441 RMW TER 2