Bjerke v. Home Depot, Inc.
Filing
34
OPINION & ORDER: Bjerke's Motion to Transfer Venue 28 is Granted and this action is transferred to the United States District Court for the Northern District of Georgia. All pending motions are Denied as Moot with leave to refile before the United States District Court for the Northern District of Georgia. Signed on 10/21/15 by Magistrate Judge Paul Papak. (gm) [Transferred from Oregon on 10/23/2015.]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
CORY BJERKE,
Plaintiff,
3:15-CV-1708-PK
OPINION AND ORDER
v.
THE HOME DEPOT, INC.,
Defendant.
P APAK, Magistrate Judge:
Plaintiff Co1y Bjerke filed this putative class action on his own behalf and on behalf of all
those similarly situated against defendant The Home Depot, Inc. ("Home Depot") in the
Multnomah County Circuit Court on July 31, 2015. By and through his complaint, Bjerke
alleges Home Depot's liability for violation of the federal Fair Credit Rep01iing Act. Home
Depot removed Bjerke's action to this court effective September 10, 2015 pursuant to 28 U.S.C.
Page I - OPINION AND ORDER
§ 1441 (a) on the grounds that Bjerke's claim raises a federal question. This comi has original
jurisdiction over Bjerke's action pursuant to 28 U.S.C. § 1331, and may properly exercise
jurisdiction on removal pursuant to 28 U.S.C. § 1441.
Now before the court is Bjerke's motion (#28) to change or transfer venue, by and through
which Bjerke seeks this court's order transferring this action to the United States District Court
for the Notihern District of Georgia for contemplated consolidation with Albu v. The Home
Deport, Inc., Case No. 1:15-CV-412-ELR-JFK (N.D. Ga.). Home Depot does not oppose either
the requested transfer to the Northern District of Georgia or the contemplated consolidation with
Albu.
In light of the parties' agreement that this court would most efficiently be litigated in the
Northern District of Georgia, Bjerke's unopposed motion is granted. This action is transferred to
the Northern District of Georgia effective immediately.
CONCLUSION
For the reasons set fotih above, Bjerke's motion (#28) is granted and this action is
transferred to the United States District Comi for the Northern District of Georgia. All pending
motions are denied as moot with leave to refile before the United States District Comi for the
Northern District of Georgia.
DATED this 21st day of October, 2015 .
Honorable Paul Papak
United States District Judge
Page 2 - OPINION AND ORDER
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