K. v. Anthem Blue Cross Blue Shield
- Katherine Failla
- 1:24-cv-06735
- U.S. District Court · Southern District of New York
- 3
In K. v. Anthem Blue Cross Blue Shield, Judge Failla granted the parties’ motion to transfer the case and extend Defendants’ response deadline.
The plaintiffs and defendants are affected by the transfer of the case to the Eastern District of Wisconsin. Defendants must respond to the Complaint by January 22, 2025, in that court.
What happened
K. v. Anthem Blue Cross Blue Shield involves Leo K. and Donna K., individually and on behalf of M.L.K., against Anthem Blue Cross and Blue Shield, Case New Holland Industrial, Inc., and the CNH Industrial U.S. Health and Welfare Benefits Plan. The parties jointly asked to move the case from the Southern District of New York to the Eastern District of Wisconsin and extend the deadline for Defendants to respond.
The court said all parties consented to the transfer, so it did not need to decide whether the case could originally have been brought in Wisconsin. The court also found that the relevant convenience factors favored transfer because none of the parties resides in New York, Case New Holland is headquartered in Racine County, Wisconsin, and the plan is administered in Wisconsin.
Judge Katherine Polk Failla granted the motion. She ordered the case transferred in its entirety to the Eastern District of Wisconsin, set January 22, 2025, as Defendants’ deadline to respond to the Complaint, and directed that the response be filed in that court.
The detailed version
- K. v. Anthem Blue Cross Blue Shield · No. 1:24-cv-06735
- Katherine Failla
- Dec. 18, 2024
Background
On December 17, 2024, the parties jointly filed a stipulation and motion under 28 U.S.C. § 1404(a). They asked the Southern District of New York to transfer the case to the United States District Court for the Eastern District of Wisconsin and to extend the time for Defendants to respond to the Complaint. The opinion identifies the defendants as Anthem Blue Cross and Blue Shield, Case New Holland Industrial, Inc., and the CNH Industrial U.S. Health and Welfare Benefits Plan. It does not decide or describe the underlying benefits dispute.
Transfer Analysis
Section 1404(a) allows a federal district court to transfer a civil case for the convenience of the parties and witnesses and in the interests of justice. Courts ordinarily consider factors including witness and party convenience, the location of documents and other evidence, where the relevant events occurred, the ability to compel witnesses to attend, the parties’ relative resources, familiarity with the governing law, the plaintiff’s choice of forum, trial efficiency, and the interests of justice.
The court found that all parties had consented to the transfer. It therefore did not need to determine whether the case could have been brought in the proposed transferee district. The court also found that the relevant factors favored transfer. In particular, none of the parties resided in New York; Case New Holland, which sponsors the plan at issue, was headquartered in Racine County, Wisconsin; and the plan was administered in Wisconsin. The court expected Wisconsin to be more convenient for the parties and witnesses.
Ruling
The court granted the parties’ motion. It ordered that the case be transferred to the Eastern District of Wisconsin and that Defendants’ deadline to respond to the Complaint be January 22, 2025. It further ordered that the response be filed in the Eastern District of Wisconsin, directed the Clerk of Court to terminate the motion at docket entry 11, and directed the Clerk to transfer the case in its entirety.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.