Harshaw v. CSAA General Insurance Co.

CourtDistrict Court, W.D. Oklahoma
DecidedSeptember 12, 2025
Docket5:25-cv-01061
StatusUnknown

This text of Harshaw v. CSAA General Insurance Co. (Harshaw v. CSAA General Insurance Co.) is published on Counsel Stack Legal Research, covering District Court, W.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harshaw v. CSAA General Insurance Co., (W.D. Okla. 2025).

Opinion

Quited States District Court for the s2orthern District of Oklahoma

Case No. 4:25-cv-00338-JDR-SH

MICHELLE HARSHAW, Plaintiff, versus CSAA GENERAL INSURANCE COMPANY, Defendants.

OPINION AND ORDER

Plaintiff Michelle Harshaw sustained multiple injuries in a car acci- dent in Edmond, Oklahoma, where she resides. Dkt. 7-1 at 2; Dkt. 7-4 at 1. Ms. Harshaw sued Defendant CSAA General Insurance Company in the Dis- trict Court of Tulsa County alleging CSAA breached its contract with her in bad faith when it did not compensate her for her injuries under the terms of the contract’s uninsured motorist coverage section. Dkt. 7-1 at 1-4. CSAA then properly removed the action to this Court. Dkt. 2. After removal, CSAA filed a Motion to Transfer Venue to the Western District of Oklahoma under 28 U.S.C. § 1406(a) and Federal Rule of Civil Procedure 12(b)(3). Dkt. 7. Ms. Harshaw opposes the motion. Dkt. 14. For the reasons discussed below, CSAA’s motion is denied, and the Court transfers the case to the Western District of Oklahoma under 28 U.S.C. § 1404(a). Under 28 U.S.C. § 1406(a), a district court may dismiss a case filed in the wrong venue or, if it is in the interests of justice, transfer the case to a

No. 25-cv-338

district where it could have been “brought.” But there are limits to this au- thority. A court may grant a transfer under § 1406(a) only if the case was brought “in the wrong division or district.” /d. That is not what happened here. This case was brought in Tulsa County and later removed to this court. 28 U.S.C. § 1441(a) permits removal of a case only “to the district court ... embracing the place where [the] action is pending.” Once a case is removed to a district court under § 1441(a), there is no basis for a § 1406(a) transfer or dismissal. Lundahl v. Pub. Storage Mgmt., Inc., 62 F. App’x 217, 218-19 (10th Cir. 2003). As the Tenth Circuit explained, “removal venue is controlled by 28 U.S.C. § 1441(a) which provides that cases may be removed to the district .. . embracing the place where such action is pending.” Jd. at 218 (quotation marks omitted); see also Hollis v. Fla. State Univ., 259 F.3d 1295, 1300 (11th Cir. 2001) (“[A]s a matter of law, § 1441(a) establishes fed- eral venue in the district where the state action was pending, and it is imma- terial that venue was improper under state law when the action was originally filed.”). Thus, when a case is properly removed to a district court embracing the place where the case was originally filed, venue in the district court is proper. See Lundahl, 62 F. App’x at 219 (“venue in the federal district court for the district of Utah is proper.”). In this case, Ms. Harshaw filed her complaint in state court in Tulsa County. CSAA removed the case to this Court, which “embraces” the Dis- trict Court of Tulsa County. Under § 1441(a), this Court is the appropriate venue for removal and thus a § 1406(a) transfer is unavailable. Although transfer is not available under § 1406(a), the court may, in the interest of justice, transfer this matter to a more appropriate venue where it could have been originally filed. See 28 U.S.C. § 1404(a) (permitting a dis- trict court to transfer an action “[f]or the convenience of parties and wit- nesses, [and] in the interest of justice . . . to any other district or division

where it might have been brought”). A district court may transfer a case un- der § 1404(a) sua sponte, and a motion is not required. See Kirk Fam. Revocable Tr. v. Flint Ridge Prop. Owners Ass’n, No. 08-CV-68-TCK-FHM, 2008 WL 5060209, at *4 (N.D. Okla. Nov. 20, 2008). There is no dispute that Ms. Harshaw could have filed this case in the Western District of Oklahoma, and so the Court will consider if transfer to that district supports “the conven- ience of parties and witnesses” and “the interest of justice.” 28 U.S.C. § 1404(a). This Court must weigh the following factors when considering whether to transfer a case under § 1404(a): the plaintiff's choice of forum; the accessibility of witnesses and other sources of proof, including the availability of compul- sory process to insure attendance of witnesses; the cost of mak- ing the necessary proof; questions as to the enforceability of a judgment if one is obtained; relative advantages and obstacles toa fair trial; difficulties that may arise from congested dockets; the possibility of the existence of questions arising in the area of conflict of laws; the advantage of having a local court deter- mine questions of local law; and| | all other considerations of a practical nature that make a trial easy, expeditious and econom- ical. Emps. Mut. Cas. Co. v. Bartile Roofs, Inc., 618 F.3d 1153, 1167 (10th Cir. 2010) (alterations in original) (quoting Chrysler Credit Corp. v. Country Chrysler, Inc., 928 F.2d 1509, 1516 (10th Cir. 1991)). Ordinarily, “the plaintiff’s choice of forum should rarely be dis- turbed” and weighs against transfer. /d. at 1167. But “the plaintiff’s choice of forum receives less deference ... if the plaintiff does not reside in the dis- trict,” and courts give “little weight to a plaintiff’s choice of forum where [there is] no material relation or significant connection” between the case and the forum. /d. (quotation marks removed). Ms. Harshaw is not a resident of this district, and the accident giving rise to her injuries did not take place here.

Dkt. 7-1 at 1-2; Dkt. 7-4 at 1. Ms. Harshaw resides in Edmond, which is in Oklahoma County and lies within the jurisdiction of the Western District of Oklahoma. Jd. Although she alleges that “the accident, injuries, and insur- ance contract . .. and the claims decision to delay and deny payment” all took place in Tulsa, Oklahoma, Ms. Harshaw contradicts that allegation on the next page of her complaint, which alleges that the accident occurred in Ed- mond. Dkt. 7-1 at 1-2.' The insurance policy declaration covering Ms. Harshaw’s car also describes her place of residence and the location of the insurance sales representative as “Edmond, OK.” Dkt. 7-4 at 1. And CSAA has provided sworn affidavits from casualty adjuster Jennifer Dunn and cas- ualty claims supervisor Kenda Copp stating that no part of CSAA’s decision regarding Ms. Harshaw’s claim occurred within Tulsa County. Dkts. 7-5, 7- 6. Given the evidence and allegations, there is no clear “material relation or significant connection to [Ms. Harshaw’s] chosen forum,” and the Court will “accord little weight” to her choice. Eps. Mut. Cas. Co., 618 F.3d at 1168. This factor cuts against transfer. The second factor, “the accessibility of witnesses and sources of proof ... 1s the most important factor in deciding a motion under § 1404(a).” Jd. at 1169. In considering this factor, a district court may consider only the acces- sibility of those witnesses that have been identified with their locations. Jd.

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Related

Lundahl v. Public Storage Management, Inc.
62 F. App'x 217 (Tenth Circuit, 2003)
Employers Mutual Casualty Co. v. Bartile Roofs, Inc.
618 F.3d 1153 (Tenth Circuit, 2010)
Chrysler Credit Corp. v. Country Chrysler, Inc.
928 F.2d 1509 (Tenth Circuit, 1991)

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Harshaw v. CSAA General Insurance Co., Counsel Stack Legal Research, https://law.counselstack.com/opinion/harshaw-v-csaa-general-insurance-co-okwd-2025.