Rinck v. J.G. Wentworth Originations, LLC

Filing 13

ORDER TO SHOW CAUSE: The Court ORDERS the plaintiff to SHOW CAUSE on or before May 21, 2015, why the Court should not transfer this case to the United States District Court for the Northern District of Illinois pursuant to 28 U.S.C. § 1404(a). The defendant shall have up to and including May 28, 2015, to reply to the plaintiffs response.Signed by Judge David R. Herndon on 5/14/2015. (dsw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KEVIN RINCK,
Plaintiff,
vs.
J.G. WENTWORTH ORIGINATIONS,
LLC,
Defendant.

No. 3:15-cv-537-DRH-DGW

ORDER TO SHOW CAUSE
HERNDON, District Judge:
This matter comes before the Court for case management purposes. The
court notes that plaintiff Kevin Rinck, a resident of the Northern District of
Illinois, previously filed a similar suit against other J.G. Wentworth entities,

Valerio Sanders v. JGWPT Holdings, Inc., et al., Case No. 1:14-cv-09188
(“Sanders Putative Class Action”) that is currently pending in the Northern
District of Illinois.
In the Sanders Putative Class Action, plaintiff Rinck and other named
plaintiffs seek damages based on virtually identical allegations as in this case. The
Sanders Putative Class Action was originally filed in the Circuit Court of St. Clair
County, Illinois, before being removed to this district court. See Valerio Sanders

v. JGWPT Holdings, Inc., et al., Case No. 3:14-cv-00422-DRH-PMF. The
undersigned judge transferred the Sanders Putative Class Action to the Northern
District of Illinois pursuant to 28 U.S.C. § 1404(a). The undersigned judge
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concluded that the factors of convenience of the parties and convenience of the
witnesses favored transferring the action to the Northern district of Illinois. In
addition, the undersigned concluded that the action should be transferred in the
interest of justice – finding that disputes arising out of the same underlying
contracts should be resolved by the same court. Thereafter, the Northern District
of Illinois remanded the Sanders Putative Class Action, concluding that the

Rooker-Feldman doctrine barred federal jurisdiction. On April 9, 2015, the
Seventh Circuit reversed the remand of the Sanders Putative Class action and
remanded the case to the Northern District of Illinois for further proceedings.
The Court further notes that one of the defendants in the Sanders Putative
Class Action, Settlement Funding, LLC (“Settlement Funding”), filed in the
Northern District of Illinois a separate petition to compel arbitration of the claims
of certain plaintiffs in the Sanders Putative Class Action, including Rinck.
(Settlement Funding, LLC v. Sanders, et al., Case No. 1:14-cv-06266) (“Sanders
Arbitration Case”). The Northern District of Illinois subsequently dismissed the
Sanders Arbitration Case, concluding (as it did with the Sanders Putative Class
Action) the Rooker-Feldman doctrine barred federal jurisdiction. Settlement
Funding’s appeal of the dismissal of the Sanders Arbitration Case remains
pending in the Seventh Circuit (See Appeal No. 15-1555).
Considering the above, the Court thinks transferring the instant action
pursuant to 28 U.S.C. § 1404(a) is appropriate. Therefore, the Court ORDERS
the plaintiff to SHOW CAUSE on or before May 21, 2015, why the Court should

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not transfer this case to the United States District Court for the Northern District
of Illinois pursuant to 28 U.S.C. § 1404(a). The defendant shall have up to and
including May 28, 2015, to reply to the plaintiff’s response.
IT IS SO ORDERED.
Signed this 14th day of May, 2015

Digitally signed by
David R. Herndon
Date: 2015.05.14
14:21:14 -05'00'
United States District Judge

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