Spurgeon

MEMORANDUM OF DECISION

On December 10, 2003, Illinois resident Terry Spurgeon (“Spurgeon”) filed suit against Pacific Life Insurance Company (“Pacific Life”) in Illinois state court asserting claims for common law negligence, gross negligence, bad faith, and breach of fiduciary duty arising out of the manner in which Pacific Life allowed market timers to trade in mutual funds offered under Pacific Life’s variable annuity product. On January 16, 2004, Pacific Life removed the state court action to the United States District Court for the Southern District of Illinois. (Burroughs Deck, Ex. A.) Subsequently, Pacific Life filed this action against Spurgeon, James Spurgeon, and Doe defendants (collectively, the “Spur-geons”) “individually and on behalf of all others similarly situated.” Pacific ■ Life seeks a declaration that its practices did not violate a number of federal statutes nor breach common law duties alleged by Spurgeon in the state court action. (Complaint, ¶ 5.)

The Spurgeons bring the present motion asserting that this Court does not have jurisdiction over Pacific Life’s claims, and if so, that the Central District of California is not the appropriate venue. (Motion,…