Great Lakes Insurance SE v. Crabtree et al
ORDER granting #42 Motion to Transfer. Signed by Judge Dana L. Christensen on 9/8/2020. (ASG)
Case 9:20-cv-81544-RKA Document 44 Entered on FLSD Docket 09/08/2020 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT LAKES INSURANCE SE,
BRYAN CRABTREE and BETHEA
Before the Court is the Defendants’ Unopposed Motion to Transfer (Doc.
42) this action back to the United States District Court for the Southern District of
Federal law permits this Court to transfer this action to “any district or
division to which all parties have consented.” 28 U.S.C. § 1404(a). The
Defendants represent that the Plaintiff consents to the transfer of this action back to
the Southern District of Florida, provided the Defendants agree to certain
conditions. (Doc. 42 at 2.) These include: (1) dismissal of a state court action in
Florida brought by the Defendants against Plaintiff; and (2) agreement that the
United States District Court for the Southern District of Florida has jurisdiction to
determine the coverage issues which form the basis of this dispute. (Id.) The
Defendants, after noting these conditions, state that “[u]pon agreement of counsel”
Case 9:20-cv-81544-RKA Document 44 Entered on FLSD Docket 09/08/2020 Page 2 of 2
the motion (Doc. 42) “is deemed ‘unopposed’ as to transfer back to the Southern
District of Florida.” (Id.) Nonetheless, Defendants submitted a lengthy brief
arguing the issue of effectuating a transfer to the Southern District of Florida on
the merits. (Doc. 43.) By deeming this motion unopposed, however, the Court
presumes the Defendants intend to live up to their end of the bargain.
Accordingly, IT IS ORDERED that the Defendants’ Unopposed Motion to
Transfer (Doc. 42) is GRANTED. The clerk of court is directed to transfer this
case to the United States District Court for the Southern District of Florida and
close the above-captioned currently pending case in the United States District
Court for the District of Montana.
DATED this 8th day of September, 2020.
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