Metz
Metz v. US Life Ins. Co. in City of New York
Opinion
Opinion
Otero, J.
ORDER GRANTING MOTION OF DEFENDANT FOR AN ORDER TRANSFERRING THIS CASE TO THE SOUTHERN DISTRICT OF NEW YORK PURSUANT TO 28 U.S.C. § 1404 (a)
This matter is before the Court on Defendant United States Life Insurance Company in the City of New York (“U.S. Life”) Motion for an Order Transferring this Case to the Southern District of New York Pursuant to 28 U.S.C. § 1404 (a), filed October 14, 2009. Plaintiff Florence Metz (“Plaintiff’) filed an Opposition, to which U.S. Life replied. The Court found this matter suitable for disposition without oral argument and vacated the hearing set for December 7, 2009. See Fed.R.Civ.P. 78(b). For the following reasons, U.S. Life’s Motion is GRANTED.
I. BACKGROUND
On August 18, 2009, Plaintiff, “an individual who resides in California,” filed a Complaint against U.S. Life in the Superi- or Court of the State of California, “individually and purporting to represent a class of similarly situated persons.” (Compl. ¶ 1.) In her Complaint, Plaintiff alleges causes of action for: (1) Declaratory Relief; (2) Breach of Insurance Contract Seeking Consequential Damages for Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Fraud and…