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CHICOSKY v. PRESBYTERIAN MED. CTR.

October 1, 1997

FRANCES G. CHICOSKY, individually and as Executrix of the Estate of Donald M. Chicosky, Deceased, Plaintiff,
v.
PRESBYTERIAN MEDICAL CENTER, PHILADELPHIA HEART INSTITUTE, FRANCIS MARCHLINSKI, M.D., individually and as employee of Philadelphia Heart Institute, VENTRITEX AND MEDTRONIC, INC., Defendants.



The opinion of the court was delivered by: ORLOFSKY

 ORLOFSKY, District Judge:

 This case presents the Court with the intricate question of when and exactly how a case which has been removed from a state to a United States district Court may be transferred to another District Court where the first District Court does not have personal jurisdiction over two of the indispensable party defendants. *fn1"

 Plaintiff, Frances G. Chicosky, individually and as Executrix of the Estate of Donald M. Chicosky, Deceased, ("Mrs. Chicosky"), has moved under Local Civil Rule 7.1(g) *fn2" for reconsideration of this Court's August 1, 1997, unpublished Opinion and Order dismissing the Complaint as against Defendants, Presbyterian Medical Center ("PMC") and Francis Marchlinski, M.D. ("Marchlinski"), for lack of personal jurisdiction. In the alternative, Mrs. Chicosky has moved for a change of venue to the Eastern District of Pennsylvania pursuant to 28 U.S.C. § 1406(a). For the reasons set forth below, the motion for reargument will be denied and the motion to transfer will be granted.

 I. Factual and Procedural Background

 This is a malpractice action in which Mrs. Chicosky claims that Marchlinski, who was the treating physician of the Plaintiff's deceased husband, Donald M. Chicosky ("Mr. Chicosky"), was negligent in rendering medical advice. Specifically, Mrs. Chicosky claims that Marchlinski was negligent in failing to advise Mr. Chicosky to seek immediate medical attention, after Mr. Chicosky had reported receiving a powerful shock from a defibrillator which had been implanted in 1991. This omission allegedly occurred during a telephone conversation between Marchlinski and Mrs. Chicosky on April 29, 1995 during which the Chicoskys were physically located in New Jersey. Early in the morning on April 30, 1997, Mr. Chicosky "suffered a coronary which left [him] with catastrophic injuries from which he never recovered." See Complaint (dated April 29, 1997).

 On August 1, 1997, Defendants, Marchlinski and PMC, moved to dismiss the Complaint under Rule 12(b) of the Federal Rules of Civil Procedure. They alleged two grounds for dismissal, lack of personal jurisdiction, Fed. R. Civ. P. 12(b)(2), and improper venue, Fed. R. Civ. P. 12(b)(3). As alternative relief, they moved for a change of venue under 28 U.S.C. § 1404(a) to the Eastern District of Pennsylvania, if the Court found that it had personal jurisdiction over either Marchlinski, PMC, or both. Mrs. Chicosky responded to the motion by arguing that the Court could exercise personal jurisdiction over Defendants, Marchlinski and PMC, and by arguing that the statute authorizing removal, 28 U.S.C. § 1441 et seq., contains in section 1441(a) "a grant of venue." Plaintiff's Memorandum of Law in Opposition (dated June 24, 1997). Finally, Mrs. Chicosky argued on grounds of judicial economy that transfer under 28 U.S.C. § 1404(a) to the Eastern District of Pennsylvania was improper.

 The Court dismissed the Complaint against Defendants, Marchlinski and PMC, for lack of personal jurisdiction in an unpublished Opinion and Order dated August 1, 1997, and, consequently, did not rule on the Defendants' motion to transfer the action under 28 U.S.C. § 1404(a). Subsequent to the Court's Order, Dominic A. DeLaurentis, Jr., Esq. substituted for Marchlinski's original counsel, who remained in the action as PMC's counsel.

 Mrs. Chicosky has now moved pursuant to Local Civil Rule 7.1(g) asking this Court to reconsider its original decision as to personal jurisdiction and, in the alternative, to transfer the action to the Eastern District of Pennsylvania pursuant to 28 U.S.C. § 1406(a). Jurisdiction is proper in this Court under 28 U.S.C. § 1332.

 II. Discussion

 A. Reconsideration of Dismissal for Lack of Personal Jurisdiction

 Plaintiff's motion for "reconsideration," which the Court reads as a motion for reargument, is governed by Rule 7.1(g) of the Local Civil Rules for the District of New Jersey, formerly General Rule 12I. Rule 7.1(g) provides that a party may, within ten days of the entry of an order adverse to that party, move for reargument, upon a showing that dispositive factual matters or controlling decisions of law were overlooked by the court in reaching its prior decision.

 The word "overlooked" is the operative term in the Rule. See Allyn Z. Lite, New Jersey Federal Practice Rules 86 (1996 & Supp. 1997). Mere disagreement with a decision of the district court should normally be raised through the appellate process and is inappropriate on a motion for reargument. Bermingham v. Sony Corp., 820 F. Supp. 834, 859 n.8 (D.N.J. 1992), aff'd, 37 F.3d 1485 (3d Cir. 1994); Florham Park Chevron v. Chevron, U.S.A., 680 F. Supp. 159, 163 (D.N.J. 1988). Only where matters were overlooked and which, if considered by the Court, might reasonably have resulted in a different conclusion, will the Court entertain such a motion. See, e.g., Panna v. Firstrust Savings Bank, 760 F. Supp. 432, 435 (D.N.J. 1991); G-69 v. Degnan, 748 F. Supp. 274, 275 (D.N.J. 1990) ("A party seeking reconsideration must show more than a ...


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