Bahu v. Aetna Life Insurance Company

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 24-24799-CV-WILLIAMS
MALAKI BAHU,
Plaintiff,
v.
HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY,
Defendant.
_______________________________________________________/
ORDER
THIS 	MATTER 	is 	before 	the 	Court 	on 	Chief 	Magistrate 	Judge 	Jonathan
Goodman’s Report and Recommendations (DE 46) (“Report”) on Plaintiff’s Motion to
Change Venue (DE 40) (“Motion”). 	In the Report, Judge Goodman recommends that
the Motion be granted, and that the matter is transferred to the United States District
Court for the District of Oregon. (DE 46 at 6). Specifically, Judge Goodman finds that
Plaintiff’s 	Motion 	should 	be 	granted 	by 	default 	and 	on 	the 	merits. 	(Id. 	at 	2).
Judge Goodman notes that, although Plaintiff’s certificate of conferral states that
Defendant is opposed to the Motion, Defendant did not file a response. The failure to file
an opposing memorandum “may be deemed sufficient cause for granting the motion by
default.” See S.D. Fla. L.R. 7.1(c)(1). Moreover, Judge Goodman explains that since
Plaintiff resides in Portland, Oregon and “[a]ll events giving rise to the ERISA claim
including medical treatment, employment, benefits processing and appeal occurred
exclusively in Oregon,” the transfer of this matter is warranted pursuant to 28 U.S.C.
§ 1404(a). (DE 46 at 3-6). No objections were filed to the Report, and the time to object
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has passed.
Upon a careful review of the Report, the Motion, the record, and applicable law,
it is ORDERED AND ADJUDGED that:
1. 	Judge Goodman’s Report (DE 46) is AFFIRMED AND ADOPTED.
2. 	Plaintiff’s Motion to Transfer Venue (DE 40) is GRANTED.
3. 	The Clerk of the Court is directed to TRANSFER this case to the United
States District Court for the District of Oregon.
DONE 	AND 	ORDERED 	in 	Chambers 	in 	Miami, 	Florida, on 	this 	13th 	day
of November, 2025.
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