Stoddard v. First UNUM Life Insurance Company

Filing 7

ORDER granting 6 Motion to Change Venue to MDNC. Signed by Magistrate Judge David Keesler on 10/30/15. (ssh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:15-CV-385-FDW-DCK
KIMBERLY H. STODDARD,
Plaintiff,
v.
FIRST UNUM LIFE INSURANCE
COMPANY,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on the parties’ “Joint Motion To Transfer
Venue And Extend Deadline To Conduct Initial Attorney Conference And File Report Of The
Same” (Document No. 6) filed October 29, 2015. This motion has been referred to the undersigned
Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is appropriate. Having
carefully considered the motion and the record, as well as good cause shown by the parties, the
undersigned will grant the motion.
The parties agree that this is an action for disability benefits governed by the Employee
Retirement Income Security Act (“ERISA”). (Document No. 6). Moreover, the parties assert that
in civil actions governed by ERISA, venue is proper “in the district where the plan is administered,
where the breach took place, or where a defendant resides or may be found.” Id. (quoting 29
U.S.C. § 1132(e)(2)). Defendant first sought and received disability benefits under the underlying
plan in Orange County, North Carolina, located in the Middle District of North Carolina. Id.
The parties contend that venue is proper in New York where the plan is administered, or in
the Middle District of North Carolina. The parties jointly request that this matter be transferred to
the United States District Court for the Middle District of North Carolina.

IT IS, THEREFORE, ORDERED that the parties’ “Joint Motion To Transfer Venue And
Extend Deadline To Conduct Initial Attorney Conference And File Report Of The Same”
(Document No. 6) is GRANTED.
IT IS FURTHER ORDERED that this matter be immediately transferred to the United
States District Court for the Middle District of North Carolina.
SO ORDERED.
Signed: October 30, 2015

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