United States District Court, S.D. New York
June 10, 2005.
A. DAVID CIAPPIO, Plaintiff,
HENRY E. DAVIS et al., Defendants.
The opinion of the court was delivered by: JOHN KOELTL, District Judge
MEMORANDUM OPINION & ORDER
Two motions are pending before the Court.
First, Defendants Liberty Mutual Insurance Company and Liberty
Mutual Life Assurance Co. move, pursuant to Fed.R.Civ.P. 21 to
sever the claims against them asserted in the second and third
causes of action from the claim asserted against Harry Davis in
the first cause of action. All parties consent to this motion.
Therefore, the motion to sever the first cause of action from the
second and third causes of action is granted.
Second, defendant Davis moves to transfer the first cause of
action to the Northern District of New York. While defendant
Davis alleges that this motion is brought pursuant to
28 U.S.C. § 1391(a), that section only provides for the proper District in
which an action can be brought. A motion for a change of venue
should be brought under 28 U.S.C. § 1404(a) or § 1406(a). In any event, all parties consent to a change in venue to the
Northern District of New York for the first cause of action
brought by the plaintiff against defendant Davis. That cause of
action is brought against a resident of the Northern District of
New York arising out of an automobile accident that occurred in
the Northern District of New York. That claim could have been
brought in the Northern District of New York. All parties consent
to that change in venue. Therefore, the motion to change venue
for the first cause of action is granted. The Clerk is directed
to send a copy of the file and this Order to the Northern
District of New York.
The caption for this action is hereby amended to read: A. David
Ciappo v. Liberty Mutual Insurance Company and Liberty Life
Assurance Company of Boston (collectively "Liberty Mutual"), 04
Civ. 02602 (JGK).
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