Callen v. Callen, 827 F. Supp. 2d 214

Plaintiffs Tara Callen and Justin Callen filed suit in New York State Supreme Court, New York County.
Defendant Robinson Callen removed the case to this Court asserting diversity and amount in controversy over $75,000.
Plaintiffs opposed removal and moved to remand; Defendant moved to dismiss or, alternatively, to transfer to the Southern District of Georgia.
Court held a series of hearings and treated the remand motion as timely, but addressed the transfer motion first as instructed by authority.
Removal timing depended on when facts establishing removability were disclosed; the court found the 30-day clock began July 27, 2011, and removal on August 26, 2011 was timely.
The action concerns misappropriation of assets in a Florida-governed Callen Trust with administrative offices and witnesses in Savannah, Georgia.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness of removal	Callens contend removal was untimely.	Removal timely per 30-day clock after removability was disclosed.	Removal timely; 30-day clock began July 27, 2011.
Remand vs. transfer sequence	Remand should be decided before transfer.	Transfer may proceed after ruling on remand; venue appropriate for efficiency.	Remand denied; transfer granted.
Venue transfer under 28 U.S.C. § 1404(a)	Georgia forum not shown as more convenient.	Most witnesses and records located in Savannah; convenience warrants transfer.	Grant transfer to Southern District of Georgia.

AGCS Marine Ins. Co. v. Associated Gas & Oil Co., 775 F. Supp. 2d 640 (S.D.N.Y. 2011) (courts consider convenience and docket efficiency in transfer decisions)