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DRINKER BiDDLE &
REATH LLP
ATTORNEYS AT LAW
Los ANGELES
ERIN E. McCRACKEN (SBN 244523)
erin.mccracken@dbr. com
DRINKER BID'DLE & REA TI-l LLP
1800 Century Park East, Suite 1500
Los Angeles, California 90067-151 7
Telephone: (31 0) 203-4000
Facsimile: (310) 229-1285
Attorneys for Defendant
SUN LIFE ASSURANCE COMPANY OF
CANADA
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
(SOUTHERN DIVISION)
U.S. BANK, N.A., as Securities
Intermediary,
Plaintiff,
vs.
SUN LIFE ASSURANCE COMPANY
OF CANADA,
Defendant.
Case No.2: 17-cv-00670-BRO-AS
DEFENDANT'S NOTICE OF
MOTION AND MOTION TO
DISMISS THE COMPLAINT OR
STAY OR TRANSFER THE
ACTION
Date:
Time:
Judge:
Ctrm:
July 31,2017
1:30 p.m.
l-Ion. Beverly Reid O'Connell
7C
{Memorandum of Points and Authorities
1n Sup_port of Motion; Declaration of
Erin E. McCracken and Exhibits
thereto; and [Proposed} Order, filed
concurrently herewith}
DEFENDANT'S NOTICE OF MOTION AND MOTION TO DISMISS OR STAY
Case 2:17-cv-00670-BRO-AS Document 32 Filed 04/06/17 Page 1 of 5 Page ID #:222
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on July 31,2017, at 1:30 p.m., or as soon
3 thereafter as the matter may be heard, before the Honorable Beverly Reid
4 O'Connell, in Courtroom 7C of the above-entitled court located at 350 West 1st
5 Street, Los Angeles, California 90012, Defendant Sun Life Assurance Company of
6 Canada ("Sun Life") will and hereby does move the Court for an order dismissing
7 the Complaint ofPlaintiffU.S. Bank, N.A., as Securities Intermediary ("U.S.
8 Bank") pursuant to Federal Rule of Civil Procedure 12(b)(2) and the first-filed rule,
9 or, in the alternative, staying this action pursuant to the first-filed rule, for the
10 following reasons:
11 (1) This Court lacks personal jurisdiction over Sun Life because Sun
12 Life-a Canadian company with its principal place of business in Massachusetts-
13 is not subject to general jurisdiction in California and because Sun Life did not
14 conduct activities in this state related to U.S. Bank's claims such that it can be
15 subject to specific jurisdiction in California.
16 (2) There is an earlier-filed action pending in the District of Delaware
17 between Sun Life and U.S. Bank that addresses substantially the same issues set
18 forth in U.S. Bank's complaint; indeed, U.S. Bank's claims are more properly
19 adjudicated as compulsory counterclaims in the Delaware action. In the event this
20 Court finds it has personal jurisdiction over Sun Life, it should, pursuant to the
21 first-filed rule, decline to exercise its jurisdiction to hear U.S. Bank's claim and
22 dismiss the complaint. In the alternative, this Court should stay the action pursuant
23 to the first-filed rule pending adjudication of the Delaware action.
24 (3) Even if this Court concludes that it has personal jurisdiction and that
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DRINKER BIDDLE &
REATH LLP
ATTORNEYS AT LAW
Los ANGELES
the first-filed rule does not apply, it should transfer the case to the District of
Delaware pursuant to 28 U.S.C. § 1404(a). The District of Delaware is a more
appropriate forum and transfer serves the convenience of the parties and witnesses
and the interest of justice.
1
DEfENDANT'S NOTICE Of MOTION AND MOTION TO DISMISS, STAY, OR TRANSfER
Case 2:17-cv-00670-BRO-AS Document 32 Filed 04/06/17 Page 2 of 5 Page ID #:223
1 This motion is based on this Notice of Motion and Motion, the Memorandum
2 of Points and Authorities, the Declaration of Erin E. McCracken (and exhibits
3 thereto), the documents on file with the Court, and such further evidence and
4 argument as the Court may permit.
5 Pursuant to Local Rule 7-3, this motion is made following the conference of
6 counsel, which took place telephonically on March 31, 2017.
7
8 Dated: April 6, 201 7
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Respectfully submitted,
DRINKER BIDDLE & REATH LLP
By: /s/ Erin E. McCracken
Erin E. McCracken
Attorneys for Defendant
SUN LIFE ASSURANCE COMPANY OF
CANADA
DRINKER BIDDLE &
REATI! LLP
2
ATTORNEYS AT LAW DEFENDANT'S NOTICE OF MOTION AND MOTION TO DISMISS OR STAY
LoS ANGELES
Case 2:17-cv-00670-BRO-AS Document 32 Filed 04/06/17 Page 3 of 5 Page ID #:224
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CERTIFICATE OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age of
18 and not a party to the within action. My business address is Drinker Biddle & Reath LLP,
1800 Century Park East, Suite 1500, Los Angeles, California 90067.
On April6, 2017, I served the foregoing document described as: DEFENDANT'S
NOTICE OF MOTION AND MOTION TO DISMISS THE COMPLAINT OR STAY
OR TRANSFER THE ACTION on the interested parties in this action by transmitting a copy
as follows:
SEE ATTACHED SERVICE LIST
9 X By ELECTRONIC FILING (I electronically filed the foregoing with the Clerk of the
Court using the CM/ECF system which will send notification of such filing to counsel
1 0 denoted on the attached Service List.)
11 By PERSONAL SERVICE
12 by personally delivering such envelope to the addressee.
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X
Name
by causing such envelope to be delivered by messenger to the office of the
addressee.
By UNITED STATES MAIL (I am readily familiar with the firm's practice of
collection and processing correspondence for mailing. Under that practice it would be
deposited with U.S. Postal Service on that same day with postage thereon fully prepaid
at Los Angeles, California in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid if postal cancellation date or
postage meter date is more than one day after date of deposit for mailing in affidavit.)
By OVERNIGHT DELIVERY (by causing such envelope to be delivered to the office
of the addressee by overnight delivery via Federal Express or by other similar overnight
delivery service.)
By FAX TRANSMISSION
(State) I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
(Federal) I declare that I am employed in the office of a member of the bar of this court
at whose direction the service was made.
Executed on April6, 2017, at Los Angeles, California.
ERIN E. McCRACKEN Is/ Erin E. McCracken
Signature
DEFENDANT'S NOTICE OF MOTION AND MOTION TO DISMISS, STAY, OR TRANSFER
Case 2:17-cv-00670-BRO-AS Document 32 Filed 04/06/17 Page 4 of 5 Page ID #:225
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SERVICE LIST
U.S. Bank, N.A. v. Sun Life Assurance Company of Canada
USDC Case No. 2:17-cv-00670-BRO-AS
Served Electronically
Jennifer J. Barrett, Esq.
j enniferbarrett@quinnemanuel. com
Jane M. Byrne, Esq.
janebyrne@quinnemanuel.com
Michael B. Carlinsky, Esq.
mi chaelcar linsky@quinnemanuel. com
Yelena Konanova, Esq.
yelenakonanova@quinnemanuel.com
Molly C. Stephens, Esq.
mollystephens@quinnemanuel.com, lorettasoto@quinnemanuel.com,
12 j eremybaldoni@quinnemanuel.com, calendar@quinnemanuel.com
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DEFENDANT'S NOTICE OF MOTION AND MOTION TO DISMISS, STAY, OR TRANSFER
Case 2:17-cv-00670-BRO-AS Document 32 Filed 04/06/17 Page 5 of 5 Page ID #:226
Case 2:17-cv-00670-BRO-AS Document 32-1 Filed 04/06/17 Page 1 of 3 Page ID #:227
Case 2:17-cv-00670-BRO-AS Document 32-1 Filed 04/06/17 Page 2 of 3 Page ID #:228
Case 2:17-cv-00670-BRO-AS Document 32-1 Filed 04/06/17 Page 3 of 3 Page ID #:229
