controversy turns, in part, on a categorization of the loss at issue; an inherently factual determination requiring the testimony of Penn and NBC staff juxtaposed against Gioia’s onsite analysis. Thus, Gioia is a material witness and his convenience weighs in favor of transfer. B. Locus of the Operative Facts “Where there is no material connection between the district and’the operative facts, ... the interests of justice require the transfer of [the] action.” Manao Invests., 1997 WL 53200, at *2 (alteration in original) (quotation omitted). ‘When determining the locus of operative facts in a declaratory judgment action concerning the interpretation of an insurance policy contract, this Court has considered where the insurance contract was made.” Royal Ins., 2002 WL 31385815, at *3-4 (<HOLDING>). Here, while it is unclear whether
holding that neither the new york location of the terrorist attack giving rise to the policyholders claim nor the new yorkbased claims adjustor rendered new york the locus of operative facts because new york was not the site of the contracts execution holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york holding that for purposes of longarm jurisdiction because plaintiff was employed in new york the original event causing his injury occurred in new york holding that outofstate defendants transmittal into new york of ceaseanddesist letter to new york plaintiff for purported trademark infringement was insufficient to create jurisdiction over defendant in a new york declaratory judgment action