Bean v. John Wiley & Sons Incorporated

Filing 118

ORDER denying 99 Plaintiff's Motion to transfer related case CV-12- 08001-PCT-GMS. Signed by Judge Frederick J Martone on 3/14/12.(LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Tom Bean,
Plaintiff,

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vs.

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John Wiley & Sons, Inc.,
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Defendant.
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CV 11-08028-PCT-FJM
ORDER

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The court has before it plaintiff's motion to transfer Bean v. John Wiley & Sons, Inc.,

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CV-12-08001-PCT-GMS, to our docket (doc. 99). No party filed a response, and the time

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for responding has expired.

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In deciding whether to transfer a related case under LRCiv 42.1, we consider whether

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matters of substance have been considered in a case, whether a particular judge has the most

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familiarity with the relevant issues, and whether a case can be reasonably viewed as the lead

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case. Here, plaintiff argues that his recently filed action involves the identical parties and the

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same types of copyright infringement claims as those in this action. Although both actions

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allege copyright infringement by defendant's use of plaintiff's photographs in textbooks, there

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is nothing so unique about these actions that would make us any more equipped than any

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other judge in this district to adjudicate plaintiff's claims. Additionally, there is a fully-

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briefed motion to dismiss pending in the action plaintiff wishes us to transfer. In sum, there

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are not compelling reasons to transfer plaintiff's recently-filed action.

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IT IS ORDERED DENYING plaintiff's motion to transfer related case CV-1208001-PCT-GMS (doc. 99).
DATED this 14th day of March, 2012.

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