MBO v. Old Republic Insurance Company
- Rearden
- 1:22-cv-02979
- U.S. District Court · Southern District of New York
- 2
In MBO v. Old Republic Insurance Company, Judge Rearden transferred the case to the Eastern District of New York.
David Daouda MBO and Old Republic Insurance Company; the action was transferred from the Southern District of New York to the Eastern District of New York, and the case was closed in the Southern District.
What happened
MBO v. Old Republic Insurance Company began in the Southern District of New York. The court had questioned whether it had authority to hear the case and whether the case should instead be transferred because the alleged motor vehicle accident occurred in Kings County.
The court said the question about its authority had been resolved after evidence showed that New York was the plaintiff’s domicile and that the parties were citizens of different states. The plaintiff agreed to transfer the case, and the defendant did not object.
Judge Jennifer H. Rearden ordered the case transferred to the United States District Court for the Eastern District of New York. She directed the clerk to close the case in the Southern District of New York and waived the usual waiting period for the transfer.
The detailed version
- MBO v. Old Republic Insurance Company · No. 1:22-cv-02979
- Rearden
- Apr. 24, 2024
Background
The Southern District of New York had issued an order requiring the parties to explain why the case should not be sent back to the New York Supreme Court in Bronx County for lack of subject-matter jurisdiction, or, if federal jurisdiction existed, transferred to the Eastern District of New York under 28 U.S.C. § 1404(a). The court noted that the alleged motor vehicle accident occurred in Kings County, which is in the Eastern District of New York.
Jurisdiction
The court concluded that the jurisdiction issue had been satisfied. It relied on record evidence identifying New York as the plaintiff’s domicile and stating that the plaintiff and defendant were citizens of different states.
Transfer and Disposition
The plaintiff consented to transfer the action to the Eastern District of New York, and the defendant had no objection. Under 28 U.S.C. § 1404(a), Judge Jennifer H. Rearden ordered the case transferred to the United States District Court for the Eastern District of New York. The clerk was directed to transfer the case and close it in the Southern District of New York. The court also waived the waiting period required by Local Rule 83.1.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.