Owners Insurance Company et al v. Comfort Air Corporation et al
Filing
30
OPINION AND ORDER granting Defendant Comfort Air Corporation's Motion to Transfer Venue or, in the Alternative, for Partial Summary Judgment on the Pleadings and to Stay Other Proceedings 26 and TRANSFERRING this action to the Savannah Division of the United States District Court for the Southern District of Georgia pursuant to 28 U.S.C. § 1406(a). Signed by Judge William S. Duffey, Jr on 6/29/17. (ddm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
OWNERS INSURANCE
COMPANY and HOME-OWNERS
INSURANCE COMPANY,
Plaintiffs,
v.
1:17-cv-1092-WSD
COMFORT AIR CORPORATION,
STEPHEN ROSS, MARY KAY
ROSS, WILLIAM KINKEBEIN,
and THE INSTITUTE FOR
PERSONALIZED MEDICINE,
LLC,
Defendants.
OPINION AND ORDER
This matter is before the Court on Defendant Comfort Air Corporation’s
Motion to Transfer Venue or, in the Alternative, for Partial Summary Judgment on
the Pleadings and to Stay Other Proceedings [26] (“Motion to Transfer”).
I.
BACKGROUND
On March 27, 2017, Plaintiffs Owners Insurance Company and
Home-Owners Insurance Company (together, “Plaintiffs”) filed their
Complaint [1] seeking a declaratory judgment with respect to an underlying
insurance action. In the underlying action, the plaintiffs have alleged damage to
their residence, including mold growth and damage to furniture and other personal
belongings. Plaintiffs’ declaratory judgment Complaint alleges that Defendant
Comfort Air Corporation has its principal place of business in Chatham County,
Georgia. Defendants Mary Kay Ross and Stephen Ross reside in Chatham County,
Georgia. Defendant William Hinkebein is a citizen of Virginia. Stephen and Mary
Kay Ross are the members of Defendant The Institute for Personalized Medicine,
LLC. The property at issue is in Savannah, Georgia. The underlying litigation is
pending in the State Court of Chatham County, Georgia.
On June 13, 2017, Defendant Comfort Air Corporation filed its Motion to
Transfer, seeking to transfer this action to the Savannah Division of the United
States District Court for the Southern District of Georgia. On June 27, 2017,
Plaintiffs filed their response [29], stating that Plaintiffs consent to the transfer of
this action, and that Comfort Air Corporation has agreed to withdraw the
remainder of its motion related to partial summary judgment.
II.
DISCUSSION
A civil action may 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
2
(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). Venue is not proper in this district under Section 1391(b)(1),
because not all defendants reside in Georgia. Venue also is not proper under
subsection (2) because there are no allegations in the Complaint to support that a
substantial part of the events or omissions giving rise to the declaratory action
occurred here, and the property at issue is not located here. Because, as discussed
below, this action could have been brought in the Southern District of Georgia,
venue is also not proper in this district under subsection (3).
Because venue is not proper in this district, Comfort Air Corporation’s
Motion to Transfer must be considered under 28 U.S.C. § 1406(a), which provides:
“The district court of a district in which is filed a case laying venue in the wrong
division or district shall dismiss, or if it be in the interest of justice, transfer such
case to any district or division in which it could have been brought.” 28 U .S.C.
§1406(a). This action could have been brought in the Southern District of Georgia,
because a substantial part of the events or omissions giving rise to the claim
occurred there, and the property at issue is located there. See 28 U.S.C.
§ 1391(b)(2). Based upon the record before the Court, and based upon the consent
of the parties, the Court finds that transferring this action to the Savannah Division
3
of the United States District Court for the Southern District of Georgia is in the
interest of justice. Defendant Comfort Air Corporation’s Motion to Transfer is
granted, and this action is transferred to the Savannah Division of the United States
District Court for the Southern District of Georgia pursuant to 28 U.S.C. § 1406(a).
III.
CONCLUSION
For the foregoing reasons,
IT IS HEREBY ORDERED that Defendant Comfort Air Corporation’s
Motion to Transfer Venue or, in the Alternative, for Partial Summary Judgment on
the Pleadings and to Stay Other Proceedings [26] is GRANTED. This action is
TRANSFERRED to the Savannah Division of the United States District Court for
the Southern District of Georgia pursuant to 28 U.S.C. § 1406(a).
SO ORDERED this 29th day of June, 2017.
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?