DeFranceschi & Klemm, PC v. Isaacson et al

Filing 8

ORDER granting 4 Motion to Change Venue. So Ordered by Judge Steven J. McAuliffe.(lat)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
DeFranceschi & Klemm, PC,
Plaintiff
v.

Case No. 12-cv-432-SM

Kenneth Isaacson,
Hazel M. Isaacson, and
Roberta Doheny, Trustee,
Defendants
O R D E R
Re:

(Document No. 4) Motion to Transfer Venue to the
District of Massachusetts

Ruling: The "response" to defendants' notice of removal
(doc. no. 3) is construed to be a motion to remand on grounds of
untimely removal, which motion is denied. It is clear from the
exhibits filed by plaintiff that an issue existed with respect to
proper service of process on the Isaacsons, which issue was
resolved by agreement - Attorney Himelfarb offered to accept
service on behalf of the Isaacson defendants as of October 10,
2012, and Attorney Maher objectively manifested his agreement
without condition. The case was then removed within thirty days.
The motion to transfer venue to the District of
Massachusetts (doc. no. 4) is also granted for the reasons given
in the supporting memorandum filed by defendants. Plaintiff is a
Massachusetts professional corporation with offices in Boston;
the contract for professional services giving rise to plaintiff's
debt and contract breach claims was negotiated and executed in
Massachusetts and substantial professional services were
performed under the contract by plaintiff in Massachusetts; the
case could have been filed in the District of Massachusetts and
that district is certainly convenient for plaintiff, plaintiff's
witnesses (the principals apparently reside in Massachusetts) and
it is more convenient for the Isaacson defendants who reside in
New Jersey but whose counsel is in Boston; and, there is
litigation pending between many of the same parties in the
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District of Massachusetts that arises out of the same core events
and operative facts and which raises the same issues (contract
breach, debt, and professional negligence claims), with which
this case will very likely be consolidated (this removed case and
the case pending in the District of Massachusetts were filed
nearly contemporaneously in June and July of 2012). See Isaacson
v. DeFranceschi, et al., Civ. No. 12-11374-JLT. This case is
hereby transferred to the District of Massachusetts. 28 U.S.C.
§ 1404(a).

Steven J. McAuliffe
United States District Judge
Date:
cc:

January 17, 2013

David Himelfarb, Esq.
David M. Klemm, Esq.
William L. Maher, Esq.

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