DONALD C. NUGENT, District Judge.
This case is before the Court on the Motion of Defendants, Vita-Mix Manufacturing Corporation, Vita-Mix Management Corporation, and Vita-Mix Holdings Company (collectively "Vita-Mix") to Dismiss or, in the Alternative, to Transfer Venue to the Southern District of Ohio. (ECF #18). The remaining Defendants in this action, Vicki Linneman, Obadiah Ritchey and KMW Coffee, LLC, join in the Motion. (ECF #25) For the reasons set forth below, the Defendants have met their burden of showing that the considered factors weigh strongly in favor of transfer. The Defendants' Motion to Transfer Venue is, therefore, granted and the Motion to Dismiss is mooted.
On November 19, 2015, a Class Action Complaint was filed against Vita-Mix in the Southern District of Ohio alleging that Vita-Mix designed, produced, marketed and sold defective blenders which purportedly flake off "tiny shards of polytetrafluoroethylene (PTFE), a Teflon-like substance. Linneman v. Vita-Mix Corporation, et al., Case No. 1:15 CV 748. Upon being served with the Complaint in Linneman, Vita-Mix tendered its defense to its insurers, Phoenix Insurance Company and Travelers Property Casualty Company of America. ("Insurers") The Insurers retained counsel to defend the Insureds subject to a reservation of rights letter. Six months later, the Insurers filed this action against Vita-Mix and the three named plaintiffs in Linneman, seeking a declaratory judgment that the Insurers do not owe Vita-Mix a defense of the Class Action Complaint in Linneman or any potential indemnity. Vita-Mix and the Linneman plaintiffs argue that this Court should not exercise its discretionary subject matter jurisdiction over this declaratory judgment action and instead should dismiss this action pursuant to Fed. R. Civ. P. 12(b)(1). Alternatively, Defendants request that this action be transferred to the Southern District of Ohio where the Linneman action is pending.
Having considered all of the pleadings submitted by the parties, the Court will first consider Defendants' request to transfer this action to the Southern District of Ohio. Chapter 28 of the United States Code, Section 1404(a) provides that "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought." This provision was intended "to protect litigants, witnesses and the public against unnecessary inconvenience and expense." Continental Grain Co. V. Barge F.B.L.-585, 364 U.S. 19, 27 (1960). Under this provision, a district court has broad discretion to grant or deny a motion to transfer, so long as jurisdiction is proper in either court. Phelps v. McClellan, 30 F.3d 658, 663 (6
The Sixth Circuit has outlined several factors that a district court should consider when deciding whether or not a transfer under 28 U.S.C. § 1404(a) is warranted, including the private interests of the parties and other public-interest concerns. Moses v. Business Card Express, Inc., 929 F.2d 1131, 1137 (6
In this case, Defendants seek transfer to the Southern District of Ohio where the underlying class action has been pending. This action could have been brought in either the Southern District or the Northern District of Ohio. Both courts have subject matter jurisdiction over this matter based upon diversity jurisdiction. Moreover, the parties agree that venue is proper in both courts. The Plaintiff Insurers are both Connecticut corporations with their principal places of business in Hartford Connecticut. The Northern District of Ohio is not their home forum, thus diminishing the weight typically accorded the plaintiff's choice of forum. See Hyatt Int'l Corp. v. Coco, 302 F.3d 707, 718 (7
IT IS SO ORDERED.