Keating v. Whitmore Manufacturing Co.

OPINION AND ORDER

VAN ANTWERPEN, District Judge.

I. INTRODUCTION

The purpose of this Opinion and Order is to consider Defendants’ Motion to Dismiss or in the Alternative Transfer Plaintiff’s Suit for Improper Venue. Defendants have submitted this motion pursuant with Fed.R.Civ.P. 12(b)(3) to dismiss the Plaintiff’s suit in accordance with 28 U.S.C. § 1406(a).

Plaintiff has filed this case asking us to order the Defendants 1 to pay her husband’s full death benefits under her husband’s ERISA benefit plan. She claims that Defendants have breached the agreement by only paying her benefits under…