The Guardian Life Insurance Company of America v. Dukes et al

Filing 15

MEMORANDUM and ORDER granting in part and denying in part 9 Motion to Dismiss or to Transfer. Nevertheless, it is apparent that the action should be transferred to the Eastern District of Virginia for the convenience of the parties and witnesses, and in the interests of justice. The counter-claim of defendant Dukes, who appears pro se, establishes that the performance of the underlying Agreement, and the source of the funds for which plaintiff sues, were to take place and be generated in Virg inia Beach, Virginia. It is apparent that the factual disputes generated with respect to this claim must be resolved by witnesses in Virginia and should be heard by a Virginia jury. The administrative decisions by officers of Guardian ln New York Cit y, and the documents concerning them, are readily susceptible of proof by a single witness and his or her testimony will be essentially noncontroversial. Transmittal of the related documents to Virginia is routine. By contrast, those witnesses with k nowledge of the management and productivity of the office In Virginia Beach are located in that area, and plaintiff's choice of forum does not override the inconvenience involved in requiring those witnesses to remove to New York, a location whi ch has no connection with the evidence controlling the disposition of this litigation. The Clerk will transfer the file to the United States District Court for the Eastern District of Virginia. So ordered. (Signed by Judge Louis L. Stanton on 4/9/2009) (tve) Modified on 4/14/2009 (tve).

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