Mullane v. Midland Mortgage

Filing 67

ORDER OF TRANSFER. The Clerk is directed to transfer this case to the United States District Court for the District of Delaware for the reasons in the attached memorandum. Signed by Judge Vanessa L. Bryant on 12/21/2018. (Mattessich, William)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

CATHERINE MULLANE,
Plaintiff,
v.
Midland Mortgage,
Defendant.

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No. 3:17-cv-1209 (VLB)

December 21, 2018

ORDER OF TRANSFER
Plaintiff Catherine Mullane brings this action against Defendant Midland
Mortgage for claims regarding property in Felton, Delaware. [Dkt. 1 (Complaint), at
6]. Plaintiff is a resident of Fairfield County, Connecticut. [Dkt. 1-1 (Civil Cover
Sheet)]. Defendant represents that’s principal base of business is Oklahoma City,
Oklahoma. [Dkt. 24 (Memo. in Support of Mot. to Dismiss), at 13]. Plaintiff alleges
that on or about March 18, 2016, Defendant or its agents unlawfully entered the
property and changed the locks, preventing Plaintiff from accessing the property.
[Dkt. 1, ¶ 1]. Plaintiff alleges that her inability to access the property lead to a
problem with mold and prevented her from arranging insurance coverage to fix the
mold problem. [Dkt. 1, ¶¶ 12-38]. Defendant filed a motion to dismiss the complaint
on March 6, 2018. [Dkt. 23]. The Court held a status conference on December 19,
2018. [Dkt. 66]. For the following reasons, the case will be transferred to the United
States District Court for the District of Delaware.
Federal law provides that a civil action shall be brought in:

1) a judicial district in which any defendant resides, if all defendants are
residents of the State in which the district is located;
2) a judicial district in which a substantial part of the events or omissions
giving rise to the claim occurred, or a substantial part of property that is
the subject of the action is situated; or
3) if there is no district in which an action may otherwise be brought as
provided in this section, any judicial district in which any defendant is
subject to the court’s personal jurisdiction with respect to such action.
28 U.S.C. § 1391(b). The District of Connecticut meets none of the statutory
criteria for venue. Although Plaintiff resides in Connecticut, the property at issue
is located at 193 New Castle Ave., Felton, DE 19943. All events involving the
property took place in Delaware. All potential witnesses to the events detailed in
the Complaint live in Delaware. Defendant has its headquarters in Oklahoma City,
Oklahoma, and has no offices in Connecticut. Transferring the case to the
Western District of Oklahoma would cause an undue burden to Plaintiff, a
Connecticut resident, and would inhibit prosecution of the case as all likely
evidence and witnesses are located in Delaware. The District of Delaware is
therefore the most appropriate forum, and it is in the interest of justice to transfer
the case there pursuant to 28 U.S.C. § 1404(a).
Accordingly, the Clerk is ordered to transfer this case to the United States
District Court for the District of Delaware.

IT IS SO ORDERED
__________/s/____________
Hon. Vanessa L. Bryant
United States District Judge

Dated at Hartford, Connecticut: December 21, 2018