Arch Insurance Company v. Hardy et al

Filing 46

ORDER Granting 37 Motion to Reassign Case. This case is reassigned to District Judge Anne R. Traum in the unofficial Northern Division of Nevada and Magistrate Judge Craig S. Denney. Signed by Judge Cristina D. Silva and Judge Anne R. Traum on 6/3/2024. (Copies have been distributed pursuant to the NEF - RJDG)

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1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 4 Arch Insurance Company, 5 6 Plaintiff v. Case No. 2:23-cv-00370-CDS-EJY Order Granting Defendant’s Request to Reassign Divisions [ECF No. 37] 7 Daniel Hardy, et al., Defendants 8 9 10 11 This is an insurance dispute. Defendant Daniel Hardy moves to reassign this case to this 12 District’s Northern Division. ECF No. 37. He argues that nothing in this interpleader action has 13 any connection to the Southern Division, where this action currently sits, other than it is where 14 Thayer’s counsel resides. Id. Hardy further argues that the Northern Division is the appropriate 15 division for this action to be heard because the collision giving rise to the parties’ claims 16 occurred in the Northern Division (Lander County). Id. Defendants Cindy Thayer and Scott 17 Thayer oppose, arguing that the request for reassignment is untimely and thus waived, as it 18 should have been made over nine months ago. ECF No. 40. I find that transfer is appropriate in 19 this case. 20 “‘There is no time limit within which a motion to transfer under Section 1404(a) must be 21 made, and the motion will not be denied merely because [it] is filed some time after suit is 22 commenced and some progress is made on the pre-trial phase of the case.’” Ancora Techs., Inc. v. 23 Toshiba Am. Info. Sys., 2009 U.S. Dist. LEXIS 144036, *11 (C.D. Cal. Feb. 27, 2009) (quoting 17 24 Moore’s Federal Practice § 111.17[2][a]). Instead, a court must determine if there is a clear and 25 convincing showing of excessive delay and resulting prejudice. See, e.g., In Re: Horseshoe Ent., 337 26 F.3d 429, 434 (5th Cir. 2003).

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