ANNE C. CONWAY, District Judge.
This cause comes before the Court on Defendant Hartford Life and Accident Insurance Company's ("Defendant") Motion to Transfer to the Western District of Wisconsin (Doc. No. 10). Plaintiff Craig H. Kelling ("Plaintiff") filed a Memorandum in Opposition (Doc. No. 11) to the Motion. For the following reasons, the Motion is due to be denied.
Plaintiff seeks a declaratory judgment to enforce his rights under a disability plan and clarify his entitlement to plan benefits via the civil enforcement provision of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132. Specifically,
Plaintiff resides in Chippewa Falls, Wisconsin, where he worked for National Specialty Hospitals. He has lived in Wisconsin at all times material to this lawsuit, from when Defendant initially awarded him disability benefits all the way through the termination of his benefits and the subsequent appeals process. Curiously, Plaintiff opted to file this action to recover benefits not in Wisconsin, where he lives, worked, and received treatment for his disability, but in Orlando, Florida, more than a thousand miles away. Defendant, a major insurer with a national presence, is headquartered in Connecticut with no substantial ties to Wisconsin. Nevertheless, Defendant moves to transfer this case from the Middle District of Florida to the Western District of Wisconsin, although "Hartford does not contend that Wisconsin is any more convenient for Hartford in this case" than Florida. (Mot. Transfer 10.) To summarize, Plaintiff opted to file suit nowhere near his home for no particular reason at all,
"For 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 or to any district or division to which all parties have consented." 28 U.S.C. § 1404(a). The Eleventh Circuit has identified nine factors relevant to the court's decision to transfer a case:
Manuel v. Convergys Corp., 430 F.3d 1132, 1135 n. 1 (11th Cir.2005) (citation omitted). The movant bears the burden of establishing that the suggested alternate forum is more convenient. In re Ricoh Corp., 870 F.2d 570, 573 (11th Cir.1989). The overarching purpose of § 1404 "is to prevent the waste of time, energy and money and to protect litigants, witnesses and the public against unnecessary inconvenience and expense." Van Dusen v. Barrack, 376 U.S. 612, 616, 84 S.Ct. 805, 809, 11 L.Ed.2d 945 (1964) (citation and quotation marks omitted).
In accordance with the interests of justice, to maximize judicial efficiency, and to
Transfer is inappropriate if the case could not have been filed in the proposed transferee district. "An action might have been brought in a proposed transferee court if: (1) the court had jurisdiction over the subject matter of the action; (2) venue is proper there; and (3) the defendant is amenable to process issuing out of the transferee court." Windmere Corp. v. Remington Prods., Inc., 617 F.Supp. 8, 10 (S.D.Fla.1985) (citation omitted). The Western District of Wisconsin would have had jurisdiction over the action because it arises under federal law. 28 U.S.C. § 1331. Defendant is amenable to process in that district because it conducts business activities there and has been haled into court on prior occasions in that district. ERISA's venue statute is quite broad, allowing a private litigant to sue in any district in which "a defendant resides or may be found." 29 U.S.C. § 1132(e)(2). It is apparent, as the parties seem to recognize, that this action could have been brought in the proposed transferee district.
The procedural posture of an ERISA claim for benefits after administrative appeal reduces the number of factors to consider upon a motion to transfer.
The remaining factors include the convenience of the parties, the locus of operative facts, the weight accorded to Plaintiffs choice of forum, and trial efficiency and the interests of justice. Because this case resembles an appeal more than a triable action, the convenience of the parties is not of any great weight. In any event, Defendant admitted that transferring the action to Wisconsin would not be any more convenient, and Plaintiff has already passed on the option to file in his home district. The locus of operative facts is not clear-cut, either; although it is obvious that this district is not it, a compelling case could be made for Connecticut, California, or Minnesota in addition to Wisconsin.
Based on the foregoing, it is ordered as follows:
1. Defendant Hartford Life and Accident Insurance Company's Motion to Transfer to the Western District of Wisconsin (Doc. No. 10), filed July 16, 2013, is