United States District Court, D. Maryland
INTERNATIONAL PAINTERS AND ALLIED TRADES INDUSTRY PENSION FUND, et al. Plaintiffs,
A. LAUGENI & SON, INC. et al., Defendants.
MEMORANDUM AND ORDER
MARVIN J. GARBIS, District Judge.
The Court has before it Defendant, Carolyn Laugeni's, (1) Motion to Transfer Venue Under 28 U.S.C. § 1404(a), (2) Motion to Dismiss for Forum Non Conveniens and (3) Motion to Dismiss Count IV for Failure to State a Claim Upon Which Relief May Be Granted [Document 11] and the materials submitted relating thereto. The Court finds that a hearing is unnecessary.
Plaintiffs: the International Painters and Allied Trades Industry Pension Fund ("Pension Fund"); the Finishing Trades Institute, f/k/a International Union of Painters and Allied Trades Joint Apprenticeship and Training Fund ("FTI" and together with Pension Fund, the "ERISA Funds"); the Political Action Together Fund ("PAT"); the Painters and Allied Trades Labor Management Cooperation Initiative ("LMCI" and together with PAT and the ERISA Funds, the "Funds"); and Daniel R. Williams filed this suit against Defendants A. Laugeni & Son, Inc., a dissolved corporation ("the Company"), and Carolyn J. Laugeni ("Ms. Laugeni").
Plaintiffs present claims relating to the Company's failure to make required pension plan contributions in four Counts:
Count I Company's failure to pay certain contributions
Count II Company failure to pay certain contributions
Count III Breach of fiduciary duty
Count IV Prohibited transaction
By the instant motion, Ms. Laugeni seeks to have the Court transfer the case to the District of Connecticut pursuant to 28 U.S.C. § 1404(a), dismiss the case based upon the doctrine of forum non conveniens and dismiss Court IV for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.
Title 28 U.S.C. § 1404(a) provides that, "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought."
In Dow v. Jones, 232 F.Supp.2d 491, 499 (D. Md. 2002), Judge Blake of this Court stated:
The standards for transfer are: (1) the transferee court must be a court in which the action could have been brought initially; (2) the transfer must be convenient to the parties and witnesses; and (3) the transfer must be in the interest of justice. Further, "unless the balance is strongly in favor ...