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)

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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 2

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