Caravantes v. Strategic Materials, Inc.

Filing 9

ORDER signed by District Judge Morrison C. England, Jr. on 7/20/17 granting 3 Motion to Change Venue and denying 4 Motion to Compel. CASE TRANSFERRED to Central District of California. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PEDRO CARAVANTES, on behalf of
himself and others similarly situated,,
Plaintiff,

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v.

No. 2:17-cv-01147-MCE-GGH

ORDER

STRATEGIC MATERIALS, INC., a
corporation; and Does 1 to 100,
inclusive,
Defendants.

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Through the present action, Plaintiff alleges that his former employer, Strategic

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Materials, Inc. (“Defendant”) failed to pay certain wages owed him and further failed to

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provide the rest and meal periods required by the California Labor Code. Plaintiff also

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alleges unfair business practices in violation of California Business & Professions Code

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§17200, et seq. Plaintiff’s complaint, initially filed in Sacramento County Superior Court,

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was removed to this Court on May 31, 2017 on grounds that because Plaintiff purports to

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bring this matter not only on his own behalf but also on behalf of all others similarly

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situated, his lawsuit comes within the purview of the Class Action Fairness Act of 2005.

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See 28 U.S.C. § 1332(d).
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Defendant now moves to either dismiss Plaintiff’s Complaint, or alternatively to

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change venue of the proceeding, pursuant to 28 U.S.C. §§ 1404 and 1406(a), on

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grounds that both the events and circumstances at issue herein occurred in Los

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Angeles, California, and that the case has no connection whatsoever to Sacramento

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where it was filed, or to the Eastern District where it was subsequently removed. ECF

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No. 3. Los Angeles is within the jurisdiction of the United States District Court for the

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Central District of California, rather than the Eastern District where this matter is

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currently pending. Defendant further filed a Motion to Compel Arbitration (ECF No. 4) on

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grounds that Plaintiff entered into an enforceable arbitration agreement.

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On July 13, 2017, Plaintiff filed Statements of Non-Opposition both to Defendant’s
Motion for Change of Venue and to its Motion to Compel Arbitration. ECF Nos. 5, 6.
Given Plaintiff’s non-opposition to transfer, and good cause appearing therefor,

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Defendant’s Motion to Transfer Venue (ECF No. 3) is GRANTED.1 The above-captioned

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case is hereby transferred pursuant to 28 U.S.C. § 1406(a) to the United States District

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Court for the Central District of California.

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Because venue in this district appears improper, however, the Court declines to

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rule on Defendant’s Motion to Compel Arbitration (ECF No. 4) and accordingly DENIES

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that Motion, without prejudice to its being refiled once this matter has been transferred to

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the Central District.

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The Clerk of Court is ordered to close this file here once that transfer has been
effectuated.
IT IS SO ORDERED.
Dated: July 20, 2017

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Because oral argument was not of material assistance, the Court orders this
matter submitted on the briefs. E.D. Cal. Local Rule 230(g).
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