Kaminskiy Design & Remodeling, Inc. v. Mt. Hawley Insurance Company

District Court, S.D. California · 3:25-cv-00369 · 2025-03-10 · Unknown

Proceeding: district
Area: civil
Panel: Robert Steven Huie (author)

Analysis

A model's reading — qwen3.8-27b, prompt own-v1, 2026-10-13T21:10Z · confidence high

The court considered the parties' stipulation and joint motion to transfer the action based on the forum selection clause in the insurance contract. The court ordered the case transferred to the United States District Court for the Southern District of New York.

What the court decided	The model
Transfer of action to the United States District Court for the Southern District of New York “this case is hereby transferred to the United States District Court for the Southern District of New York under the terms of the subject insurance contract, 28 U.S.C. Section 1404(a), and Atlantic Marine Constr. Co. v. U.S. Dist. Court for W. Dist. of Tex., 571 U.S. 49 (2013).”	agree with court The decision follows from the law and the record recited. The parties filed a joint motion and stipulation, and the court cited the controlling Supreme Court precedent (Atlantic Marine) which establishes that forum selection clauses are presumptively valid and enforceable under 28 U.S.C. § 1404(a) unless enforcement would be unreasonable or unjust. The order states 'good cause appearing,' which is consistent with the standard for a joint motion to transfer.

What the court decided

The model

Transfer of action to the United States District Court for the Southern District of New York

“this case is hereby transferred to the United States District Court for the Southern District of New York under the terms of the subject insurance contract, 28 U.S.C. Section 1404(a), and Atlantic Marine Constr. Co. v. U.S. Dist. Court for W. Dist. of Tex., 571 U.S. 49 (2013).”

agree with court
The decision follows from the law and the record recited. The parties filed a joint motion and stipulation, and the court cited the controlling Supreme Court precedent (Atlantic Marine) which establishes that forum selection clauses are presumptively valid and enforceable under 28 U.S.C. § 1404(a) unless enforcement would be unreasonable or unjust. The order states 'good cause appearing,' which is consistent with the standard for a joint motion to transfer.

The order itself: sound — The order is procedurally sound. It correctly identifies the statutory basis for transfer and the controlling Supreme Court precedent regarding forum selection clauses. Because the motion was joint and stipulated, the court did not need to engage in a detailed analysis of the 'interest of justice' factors or the reasonableness of the clause, as the parties had already agreed to the transfer. The citation to Atlantic Marine is appropriate and sufficient for a stipulated transfer based on a contractual forum selection clause.

How this analysis was made · dispute it

Opinion

8 UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA

10 11 KAMNSKIY DESIGN & ) Case No. 3:25-cv-00369-RSH-DDL REMODELING, INC., ) 12 ) ORDER TRANSFERRING ACTION Plaintiff, ) TO UNITED STATES DISTRICT 13 ) COURT FOR THE SOUTHERN 14 v. ) DISTRICT OF NEW YORK ) 15 MT. HAWLEY INSURANCE ) COMPANY; RLI INSURANCE ) 16 COMPANY; and DOES 1-50, ) 17 inclusive, ) ) 18 Defendants. ) ) 19 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 1 Having considered the Parties’ Stipulation and Joint Motion to Transfer 2 | Action, and good cause appearing therefore, this case is hereby transferred to the 3 | United States District Court for the Southern District of New York under the terms 4 | of the subject insurance contract, 28 U.S.C. Section 1404(a), and Atlantic Marine 5 | Constr. Co. v. U.S. Dist. Court for W. Dist. of Tex., 571 U.S. 49 (2013). 6 IT IS SO ORDERED. DATED: March 10, 2025 fehut S Une 8 Hon. RobertS.Huie = —— 9 United States District Judge 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2- Law, APC ORDER TRANSFERRING CASE TO THE SOUTHERN DISTRICT OF NEW YORK