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)

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS JAMES A. MANFREDONIA, Plaintiff, v. UNUM LIFE INSURANCE COMPANY OF AMERICA and UNUM GROUP, Defendants. * * * * * * * * * * 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 2

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?