Ninora, LLC v. Mt. Hawley Insurance Company
- Lewis Liman
- 1:22-cv-09018
- U.S. District Court · Southern District of New York
- 2
In Ninora, LLC v. Mt. Hawley Insurance Company, Judge Corrigan granted an unopposed motion to transfer the case to the Southern District of New York under the parties’ contract.
Ninora, LLC and Mt. Hawley Insurance Company; the case was transferred from the Middle District of Florida to the Southern District of New York.
What happened
Ninora, LLC sued Mt. Hawley Insurance Company in the Middle District of Florida. Mt. Hawley asked to move the case based on a mandatory forum-selection clause in the parties’ commercial property insurance contract.
Ninora did not respond by the deadline set by the court. The court therefore treated the motion as unopposed and granted the request to transfer the case to the United States District Court for the Southern District of New York.
Judge Timothy J. Corrigan ordered the transfer under the federal venue-transfer statute and directed the clerk to close the Florida file after the transfer. The order did not decide the underlying insurance dispute.
The detailed version
- Ninora, LLC v. Mt. Hawley Insurance Company · No. 1:22-cv-09018
- Lewis Liman
- Oct. 19, 2022
Background
Mt. Hawley Insurance Company filed a motion to transfer venue on August 18, 2022. The motion relied on a mandatory forum-selection clause in the parties’ commercial property insurance contract. The opinion does not describe the underlying insurance dispute.
Ninora, LLC did not timely respond. The court then warned Ninora that it would decide the motion as unopposed if Ninora did not respond by September 30, 2022. Ninora did not respond by that date.
Ruling
The court deemed the motion unopposed and granted Mt. Hawley’s Motion to Transfer Venue under 28 U.S.C. § 1404(a), the parties’ mandatory forum-selection clause, and the Supreme Court’s decision in Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas. The court ordered that the case be transferred to the United States District Court for the Southern District of New York.
The court also ordered the clerk to close the Florida file after the transfer. This was a venue ruling; the order did not resolve the parties’ underlying insurance claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.