Brighthouse Life Insurance Company v. Hall et al

Filing 4

ORDER granting 3 Motion to Change Venue. This case is TRANSFERRED to the Northern District of Ohio, Eastern Division. Signed by Magistrate Judge Kimberly A. Jolson on 7/31/2017. (ew) [Transferred from ohsd on 7/31/2017.]

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
BRIGHTHOUSE LIFE
INSURANCE COMPANY,
Plaintiff,
v.

Civil Action 2:17-cv-573
Judge George C. Smith
Magistrate Judge Jolson

THERESE M. HALL, et al.,
Defendants.

ORDER
Plaintiff has filed an unopposed Motion to Transfer Venue to the Northern District of
Ohio, Eastern Division, pursuant to 28 U.S.C. § 1406(a). (Doc. 3). Plaintiff explains that it
researched Defendants’ domicile in good faith prior to filing this action and believed that
Defendants resided in Harrison County, Ohio (a county in which this District possesses
jurisdiction). (Id. at 1). However, after filing suit Defendants’ counsel advised Plaintiff’s
counsel that Defendants actually reside in Carroll County, Ohio, a county in which the Northern
District of Ohio possessed jurisdiction. (Id.). Consequently, no parties reside in this District and
no events or omissions giving rise to Plaintiff’s claims occurred in this District.
Under 28 U.S.C. § 1406(a), “[t]he district court of a district in which is filed a case laying
venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer
such case to any district or division in which it could have been brought.” Based upon the
foregoing, Plaintiff’s unopposed Motion to Transfer Venue (Doc. 3) is GRANTED. The Clerk

of Courts is hereby DIRECTED TO TRANSFER this case to the Northern District of Ohio,
Eastern Division.
IT IS SO ORDERED.

Date: July 31, 2017

/s/ Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE

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