Great Lakes Insurance SE v. Crabtree et al

Filing 44

ORDER granting 42 Motion to Transfer. Signed by Judge Dana L. Christensen on 9/8/2020. (ASG)

Download PDF
Case 9:19-cv-00164-DLC Document 44 Filed 09/08/20 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION GREAT LAKES INSURANCE SE, CV 19–164–M–DLC Plaintiff, vs. ORDER BRYAN CRABTREE and BETHEA CRABTREE, Defendants. Before the Court is the Defendants’ Unopposed Motion to Transfer (Doc. 42) this action back to the United States District Court for the Southern District of Florida. Federal law permits this Court to transfer this action to “any district or division to which all parties have consented.” 28 U.S.C. § 1404(a). The Defendants represent that the Plaintiff consents to the transfer of this action back to the Southern District of Florida, provided the Defendants agree to certain conditions. (Doc. 42 at 2.) These include: (1) dismissal of a state court action in Florida brought by the Defendants against Plaintiff; and (2) agreement that the United States District Court for the Southern District of Florida has jurisdiction to determine the coverage issues which form the basis of this dispute. (Id.) The Defendants, after noting these conditions, state that “[u]pon agreement of counsel” 1 Case 9:19-cv-00164-DLC Document 44 Filed 09/08/20 Page 2 of 2 the motion (Doc. 42) “is deemed ‘unopposed’ as to transfer back to the Southern District of Florida.” (Id.) Nonetheless, Defendants submitted a lengthy brief arguing the issue of effectuating a transfer to the Southern District of Florida on the merits. (Doc. 43.) By deeming this motion unopposed, however, the Court presumes the Defendants intend to live up to their end of the bargain. Accordingly, IT IS ORDERED that the Defendants’ Unopposed Motion to Transfer (Doc. 42) is GRANTED. The clerk of court is directed to transfer this case to the United States District Court for the Southern District of Florida and close the above-captioned currently pending case in the United States District Court for the District of Montana. DATED this 8th day of September, 2020. 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?