Opinion
No. C 03-04355 SI
December 17, 2003
ORDER GRANTING DEFENDANT'S MOTION TO TRANSFER TO THE MIDDLE DISTRICT OF PENNSYLVANIA
The motion of defendant Rite Aid Corporation ("Rite Aid") to stay, dismiss or transfer this action filed by plaintiff Liberty Mutual Fire Insurance Company ("Liberty Mutual") came on regularly for hearing before the Court on December 12, 2003. C. Brandon Wisoff appeared on behalf of the defendant and moving party Rite Aid. Gary A. Bresse appeared on behalf of the plaintiff and responding party Liberty Mutual.
Rite Aid's motion actually consisted of two motions: (1) a motion asking the Court to exercise its discretion under the Declaratory Judgments Act, 28 U.S.C. § 2201, to stay or dismiss Liberty Mutual's action, and (2) a motion pursuant to 28 U.S.C. § 1404(a) to transfer Liberty Mutual's action to the Middle District of Pennsylvania for the convenience of the parties and witnesses and in the interests of justice.
The Court hereby GRANTS Rite Aid's motion to transfer this action under 28 U.S.C. § 1404(a) to the Middle District of Pennsylvania. For the reasons stated by Rite Aid in its moving and reply papers and articulated by counsel at the hearing, the Court finds that it would be for the convenience of the parties and witnesses and in the interests of justice to transfer this action to the Middle District of Pennsylvania.
The Court declines to rule on Rite Aid's companion motion seeking a stay or dismissal of Liberty Mutual's action pursuant to the Court's discretion under the Declaratory Judgments Act. Having decided to transfer this action to the Middle District of Pennsylvania, the Court believes that any further rulings in the case, including a ruling on Rite Aid's motion to stay or dismiss under the Declaratory Judgments Act, should be made by the judge hearing the action following its transfer to the Middle District of Pennsylvania.