Manfredonia v. UNUM Life Insurance Company of America et al

Filing 18

Judge Joseph L. Tauro: ORDER entered.After considering Defendants Motion to Transfer Venue 7 and Plaintiff's Opposition 13 and First Amended Complaint 3 , this court hereby orders that Defendants' Motion to Transfer Venue 7 is ALLOWED. THIS CASE IS HEREBY TRANSFERRED. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
JAMES A. MANFREDONIA,
Plaintiff,
v.
UNUM LIFE INSURANCE COMPANY
OF AMERICA and UNUM GROUP,
Defendants.

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Civil Action No. 12-10480-JLT

ORDER
December 12, 2012
TAURO, J.
After considering Defendants’ Motion to Transfer Venue [#7] and Plaintiff’s Opposition
[#13] and First Amended Complaint [#3], this court hereby orders that Defendants’ Motion to
Transfer Venue [#7] is ALLOWED.
A court may transfer a civil action to any district where it may have been brought initially
“[f]or the convenience of parties and witnesses, in the interest of justice.”1 The court concludes
that this case could have been brought initially in the District Court for the District of New Jersey
and that the interests of convenience and justice warrant transfer.2 Although the court gives
deference to Plaintiff’s choice of forum, Plaintiff is a resident of New Jersey, not Massachusetts.3

1

28 U.S.C. § 1404.

2

See e.g., Coady v. Ashcraft & Gerel, 223 F.3d 1, 11 (1st Cir. 2000) (listing factors that
the court may consider when evaluating a motion to transfer); Momenta Pharm., Inc. v.
Amphastar Pharm., Inc., 841 F. Supp. 2d 514, 522 (D. Mass. 2012) (same).
3

See McEvily v. Sunbeam-Oster Co., 878 F. Supp. 337, 344 (D.R.I. 1994).
1

The case involves a New Jersey-specific long-term disability insurance policy and asserts claims
under New Jersey state law. A significant number of identified nonparty witnesses reside in either
New York or New Jersey, outside the reach of this court’s subpoena power under Rule 45. Thus,
after weighing the relevant factors, the court, in the exercise of its discretion, transfers this case to
the District Court for the District of New Jersey.

THIS CASE IS HEREBY TRANSFERRED.
IT IS SO ORDERED.
/s/ Joseph L. Tauro
United States District Judge

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