Mazzarino v. Prudential Insurance Co. of America
2013 U.S. Dist. LEXIS 103987
| D.D.C. | 2013Background
- Plaintiff Sarah Mazzarino, co-executor of the Estate of Jeannie Toole, filed an ERISA claim for accidental death benefits.
- Defendants Prudential Insurance Company of America and the Delta Air Lines Optional Insurance Plan administer the plan and handle claims.
- Prudential is headquartered in Newark, New Jersey, where the plan is administered.
- Decedent died on March 8, 2011; the claim was denied May 27, 2011, with two subsequent appeals denied.
- Plaintiff moved to transfer venue under 28 U.S.C. § 1404(a) to New Jersey or Utah; court grants transfer to New Jersey.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the action could have been brought in the transferee district | ERISA venue permits suit where plan is administered; DC is proper. | ERISA venue allows transfer to NJ for convenience. | Yes; action could have been brought in NJ. |
| Whether § 1404(a) factors weigh in favor of transfer | Forum in DC maintains plaintiff’s choice of venue. | Transfer to NJ better serves convenience and justice. | Transfer to NJ warranted. |
| Whether plaintiff’s choice of forum deserves deference under ERISA | ERISA special venue provision gives deference to the fund’s home district. | Deference not absolute; transfer may be appropriate. | Deference outweighed by convenience and justice considerations. |
| Impact of witnesses and proof location on transfer decision | Discovery and de novo review could affect proof location. | Most proof located with Prudential in NJ; witnesses, if any, favor NJ. | Factors favor transfer to New Jersey. |
Key Cases Cited
- Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22 (1988) (set of transfer and venue considerations in federal courts)
- Int’l Painters & Allied Trades Indus. Pension Fund v. Painting Co., 569 F. Supp. 2d 113 (D.D.C. 2008) (ERISA venue and transfer principles in the District of Columbia)
- Flynn v. Veazey Const. Corp., 310 F. Supp. 2d 186 (D.D.C. 2004) (ERISA transfer and venue standards in this district)
- Onyeneho v. Allstate Ins. Co., 466 F. Supp. 2d 1 (D.D.C. 2006) (ERISA venue and 1404(a) considerations in the District of Columbia)