QAIS AHMED v. UNITED STATES OF AMERICA et al

Filing 61

STIPULATION AND ORDER TRANSFERRING CASE.. Signed by Judge James Donato on 12/8/14. (lrcS, COURT STAFF) (Filed on 12/9/2014)

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EMARD DANOFF PORT TAMULSKI & WALOVICH LLP
Andrew I. Port (State Bar #120977)
Katharine Essick (State Bar #219426)
49 Stevenson Street, Suite 400
San Francisco, CA 94105
Telephone: [phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
[e-mail]
Attorneys for Defendants
SEALIFT, INC. and SCOTT MOSER

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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QAIS AHMED,

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Plaintiff,
vs.
SCOTT MOSER, SEALIFT, INC., and
UNITED STATES OF AMERICA,
Defendants.

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EMARD DANOFF PORT
TAMULSKI & WALOVICH LLP
49 Stevenson Street
Suite 400
San Francisco, CA 94105

-1STIPULATION AND ORDER TO TRANSFER ACTION
Case No.: 14 CV 00823 JD

Case No.: 14 CV 00823 JD
STIPULATION AND
TO TRANSFER ACTION TO
EASTERN DISTRICT OF NEW YORK
(CENTRAL ISLIP DIVISION)
28 U.S.C. § 1404(a)

Stipulation

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Whereas,

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1.

Based upon events that occurred while he was working on a ship in Asia, plaintiff

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Qais Ahmed brought this employment-related action against: (1) the United States of America

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under the Suits in Admiralty Act; (2) his employer, Sealift, Inc. for violation of Title VII; and (3)

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his former supervisor, Capt. Scott Moser, for violation of 42 U.S.C. § 1981 and intentional torts;

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2.

On July 15, 2014, this Court granted the United States’ motion to dismiss for lack

of subject matter jurisdiction and dismissed it from the action;
3.

Pending before the Court is Sealift’s motion to dismiss the Title VII claim

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asserted against it on the ground of improper venue, or else to sever and transfer that claim to the

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Eastern District of New York, where Sealift asserts venue would be proper under Title VII;

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4.

Also pending before the Court is the motion by defendant Capt. Scott Moser, a

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resident of Florida, to dismiss the claims against him based upon the Court’s lack of personal

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jurisdiction;

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5.

Plaintiff has taken discovery on the issues raised by these motions and has until

December 26, 2014 to file oppositions to the motions based upon that discovery;
6.

Title 28 of the United States Code, Section 1404(a), provides that “For the

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convenience of parties and witnesses, in the interest of justice, a district court may transfer any

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civil action … to any district or division to which all parties have consented”;

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7.

Following meet and confer efforts, the parties have consented to the transfer of

this action to the Eastern District of New York, Central Islip Division, if the Court so allows;
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For the following reasons, this Court’s transfer of the action to the Eastern

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District of New York, Central Islip Division, would promote the convenience of the parties and

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witnesses and would be in the interest of justice;

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a.

Unless the parties agree to one court where all of Plaintiff’s claims can be

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tried, it is possible that Plaintiff will need to pursue his claims against each

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defendant in separate courts;

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EMARD DANOFF PORT
TAMULSKI & WALOVICH LLP
49 Stevenson Street
Suite 400
San Francisco, CA 94105

b.

Although Plaintiff asserts different claims against each defendant, there is

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Case No.: 14 CV 00823 JD

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significant overlap of witnesses and records, such that it would be more

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convenient for Plaintiff, Sealift, Capt. Moser, and the witnesses if the

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claims can be resolved in a single proceeding in the most conveniently

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located district court;

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c.

The Eastern District of New York is closer and much more convenient to

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defendant Scott Moser, an individual residing in Florida, than the

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Northern District of California;

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d.

To avoid duplicative proceedings and for greater convenience, Capt.

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Moser will consent to the personal jurisdiction of the Eastern District of

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New York, Central Islip Division, if this Court transfers the case there;

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e.

The Eastern District of New York is also more convenient for the majority

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of key witnesses, most of whom reside in that District or elsewhere on the

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East Coast; and

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f.

The relevant employment records are located at Sealift’s offices in the
Eastern District of New York on Long Island.

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Based on the foregoing, the parties respectfully request that the Court transfer this action

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to the Eastern District of New York, Long Island Courthouse, Central Islip Division, pursuant to

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28 U.S.C. § 1404(a).

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DATED: December 5, 2014

BERSCHLER ASSOCIATES, PC

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By

/s/ Arnold I. Berschler
Arnold I. Berschler
Attorneys for Plaintiff
QAIS AHMED

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EMARD DANOFF PORT TAMULSKI
& WALOVICH LLP
Andrew I. Port
Katharine Essick

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By

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EMARD DANOFF PORT
TAMULSKI & WALOVICH LLP
49 Stevenson Street
Suite 400
San Francisco, CA 94105

DATED: December 5, 2014

/s/ Katharine Essick
Katharine Essick
Attorneys for Defendants
SEALIFT, INC. and SCOTT MOSER
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Case No.: 14 CV 00823 JD

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Certification of Signatures

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I attest that the content of this document is acceptable to all persons above, who were

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required to sign it.
/s/ Katharine Essick
Katharine Essick

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Order

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The Court finds that a transfer of this action to the Eastern District of New York, Central

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Islip Division, would serve the convenience of parties and witnesses and is in the interests of

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justice. Accordingly, pursuant to 28 U.S.C. § 1404(a) and the stipulation of all the parties, the

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Court hereby transfers this action to the Eastern District of New York, Central Islip Division.
IT IS SO ORDERED.

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Dated:

December 8, 2014
JAMES DONATO
UNITED STATES DISTRICT JUDGE

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EMARD DANOFF PORT
TAMULSKI & WALOVICH LLP
49 Stevenson Street
Suite 400
San Francisco, CA 94105

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Case No.: 14 CV 00823 JD