Heimer v. Companion Life Insurance Company

Filing 12

ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge Victoria A. Roberts. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BEAU DARRELL HEIMER,
Plaintiff,

Case No. 14-cv-14473
Hon. Victoria A. Roberts

v.
COMPANION LIFE INSURANCE COMPANY,
Defendant.
_____________________________________________________________________
ORDER TRANSFERRING VENUE
Beau Darrell Heimer sues Companion Life Insurance Company under ERISA to
enforce an insurance policy.
Venue in a federal question case lies in the district in which any defendant
resides or in which a substantial part of the events or omissions giving rise to the claim
occurred. 28 U.S.C. § 1391(b). A district court may transfer a case sua sponte pursuant
to 28 U.S.C. § 1404(a). Carver v. Knox County, 887 F.2d 1287, 1291 (6th Cir.1989).
Section 1404(a) permits a change of venue to any other district where it might have
been brought for the convenience of parties and witnesses as well as in the interest of
justice. 28 U.S.C. § 1404(a). A court considering sua sponte transfer of venue should
inform the parties of its considerations and allow the parties an opportunity to be heard
on the matter. Moore v. Rohm & Haas Co., 446 F.3d 643, 647 (6th Cir.2006).
After consulting with the parties counsel, the Court believes that venue is proper
in the Western District of Michigan. The events that give rise to this case transpired in
the Western District of Michigan, and the parties and witnesses are located there.
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Accordingly, this matter is transferred to the Western District of Michigan
pursuant to § 1406.
IT IS ORDERED.

s/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: March 26, 2015
The undersigned certifies that a copy of this
document was served on the attorneys of record
by electronic means or U.S. Mail on March 26,
2015.
s/Linda Vertriest
Deputy Clerk

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