5 Star Life Insurance Company v. Lenhard et al

Filing 16

ORDERED that defendant's # 6 Motion to transfer venue (filed in case 3:14-cv-0347) is GRANTED. The clerk of court shall TRANSFER this action, 3:14-cv-0347-LRH-WGC, as well as consolidated action 3:14-cv-0418- LRH-WGC, to the United States District Court for the District of Montana, Great Falls Division. Signed by Judge Larry R. Hicks on 1/13/2015. (Copies have been distributed pursuant to the NEF - DRM) [Transferred from nvd on 1/14/2015.]

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ZWG TRUST,

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Plaintiff,
v.

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5 STAR LIFE INSURANCE COMPANY, et al.

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Defendants.
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5 STAR LIFE INSURANCE COMPANY,

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Plaintiff,
vs.

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WILLIAM R. LENHARD, II and
ZWG TRUST,

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Defendants.

Case No.: 3:14-cv-00347-LRH-WGC
Consolidated Case Numbers:
3:14-cv-0347-LRH-WGC
3:14-cv-0418-LRH-WGC

ORDER

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Before the court is defendant 5 Star Life Insurance Company’s (“5 Star”) motion to transfer

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venue to the District of Montana, Great Falls Division. Doc. #6.1 Plaintiff ZWG Trust filed an

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opposition (Doc. #16) to which 5 Star replied (Doc. #18).

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I.

Facts and Procedural History

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This action was initiated by ZWG Trust as purported owner of life insurance policies taken

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out on behalf of members of the First Nations Tribe against 5 Star, the insurer, alleging that 5 Star

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wrongfully rescinded the insurance policies.

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Refers to the court’s docket number.

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On June 3, 2014, ZWG Trust filed a complaint in federal court in the District of Nevada.

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Doc. #1, Exhibit A. Thereafter, 5 Star filed the present motion to transfer venue to the District of

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Montana. Doc. #6.

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II.

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Discussion
A district court may transfer any civil action to another district where the action may have

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been brought in the interest of justice and for the convenience of the parties and witnesses.

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28 U.S.C. § 1404(a). A court evaluating a motion to transfer venue weighs multiple factors

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including the parties’ contacts with the chosen forum, the ease of access to sources of proof and

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witnesses, and the difference in the cost of litigation between the two districts. See Jones v. GNC

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Franchising, Inc., 211 F.3d 495, 498 (9th Cir. 2000).
Here, those factors weigh in favor of transferring venue. First, neither party is domiciled in

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Nevada. Plaintiff ZWG Trust is organized under Canadian law and is located in Alberta, Canada

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while defendant 5 Star is a Louisiana company with its main office in Virginia. Second, this action

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involves insurance policies issued to residents of Montana and subject to Montana law. Third, the

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vast majority of relevant witnesses are located outside of Nevada. Finally, the costs of discovery

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and litigation in Nevada are substantially higher than Montana because of the travel costs involved

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for the multiple parties and witnesses residing outside of the state. Accordingly, the court shall

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grant 5 Star’s motion and transfer this action.

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IT IS THEREFORE ORDERED that defendant’s motion to transfer venue (Doc. #6) is

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GRANTED. The clerk of court shall TRANSFER this action, 3:14-cv-0347-LRH-WGC, as well as

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consolidated action 3:14-cv-0418-LRH-WGC, to the United States District Court for the District of

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Montana, Great Falls Division.

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IT IS SO ORDERED.

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DATED this 13th day of January, 2015.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE
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