Risinger v. Liberty Mutual Insurance Company

FILED IN THE 3 U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Mar 16, 2023 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON JASON RISINGER, NO: 2:22-CV-0327-TOR 8 Plaintiff, ORDER GRANTING STIPULATION 9 v. TO TRANSFER LIBERTY MUTUAL INSURANCE COMPANY and OHIO SECURITY INSURANCE COMPANY, a foreign profit corporations licensed to do business in the State of Washington, 13 Defendants.

15 BEFORE THE COURT are the parties’ Joint Stipulated Motion Transferring Venue and Motion to Expedite. ECF Nos. 10 and 12. These matters were submitted for consideration without oral argument. The Court has reviewed the record and files herein and is fully informed. The stipulated motions are granted.

19 In the typical case not involving a forum-selection clause, a district court considering a [28 U.S.C.] § 1404(a) motion (or a forum non conveniens motion) must evaluate both the convenience of the parties and various public-interest considerations. Atl. Marine Const. Co. v. U.S. Dist. Court for W. Dist. of Texas, 571 U.S. 49, 62 (2013). Ordinarily, the district court must weigh the relevant factors and decide whether, on balance, a transfer would serve “the convenience of parties and witnesses” and otherwise promote “the interest of justice” according to § 1404(a).

7 On December 28, 2022, Defendant filed a motion removing Plaintiff’s complaint from King County to the Eastern District of Washington. ECF No. 1.

9 The parties have now agreed that the United States District Court for the Western District of Washington is the appropriate venue pursuant to 28 U.S.C. § 1441(a).

11 The parties agree that the Western District of Washington in Seattle is the appropriate venue since the matter which was removed from state court was originally filed in the King County Superior Court, and the Western District of Washington in Seattle is “the district court of the United States for the district and division embracing the place where such action [was] pending” when the matter was removed. 28 U.S.C. § 1441(a).

17 ACCORDINGLY, IT IS HEREBY ORDERED: 18 1. The parties’ Joint Stipulated Motion Transferring Venue and Motion to 19 Expedite, ECF Nos. 10 and 12, are GRANTED. l 2. Pursuant to 28 U.S.C. § 1441(a) and the parties’ stipulation, the Clerk of 2 Court is directed to transfer this action, in its entirety, to the United States 3 District Court for the Western District of Washington, for all further 4 proceedings.

5 The District Court Executive is directed to enter this Order, furnish copies to 6|| counsel, and thereafter close this file in this district.

7|| DATED March 16, 2023.

Hla, Res 9 ould) —THOMASO. RICE “>—s—« nt States District Judge