Robert Wolinsky et al v. Carina Corporation

Filing 60

ORDER Granting 30 Motion to Transfer Case to Judge Robert C. Jones. Signed by Judge James C. Mahan on 8/1/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ROBERT and MARTHA WOLINSKY,

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2:11-CV-830 JCM (PAL)

Plaintiffs,

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v.
CARINA CORPORATION, et al.,

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Defendants.

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ORDER

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Presently before the court is defendant Carina Corporation’s motion to transfer case to Judge

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Robert C. Jones (doc. #30), to which plaintiffs responded (doc. #48), and defendant replied (doc.

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#57).

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Pursuant to 28 U.S.C. 1631, the court may transfer a case “to any other such court in which

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the action or appeal could have been brought at the time it was filed or noticed . . . .” In the present

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motion (doc. #30), defendant contends that transfer is appropriate because Judge Jones is already

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familiar with the facts of the case. The present complaint, originally filed in the Eighth Judicial

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District Court of Nevada in 2009, alleges that defective high zinc yellow brass fittings were used in

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the manufacture of the plaintiffs’ homes. The case was removed by defendant in 2011 to this court.

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Prior to its removal, the Nevada state court conditionally certified it as a class action – consisting of

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all the plaintiffs whose homes were built with high zinc Wirsbo brand plumbing fittings.

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At the time the present matter was filed, Judge Jones was presiding over a similar matter,

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Slaughter v. Uponor, Inc., (Case No: 2:08-cv-01223). That case involved the same plaintiff counsel,

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James C. Mahan
U.S. District Judge

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and, as defendant contends, many of the same parties. Specifically, defendant alleges that the named

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class representatives for both this action and the Slaughter action own homes in the Lamplight

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Estates at Centennial Springs development built by defendant Carina. Also, both cases concern the

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exact same developer, plumbers, suppliers, and manufactures, and not to mention, similar allegations

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related to the alleged dezinctification of the Wirsbo systems installed in the plaintiffs’ homes.

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Furthermore, both plaintiffs (the Wolinskys and Mr. Slaughter) have claimed that they represent the

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same “Carina” homeowners, and therefore both actions encompass the same purported class.

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In rebuttal, plaintiffs allege that unlike the present matter, Slaughter was never a class action

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because the plaintiffs voluntarily withdrew certification. Nevertheless, the court does not find this

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distinction warrants denying defendant’s motion to transfer.

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Moreover, defendant notes that Judge Jones requested that his court be notified if a similar

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action to Slaughter was pending in federal court. Even though Judge Jones’ court is located in Reno,

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the court does not feel that a transfer would unduly burden the parties. In the past, Judge Jones has

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agreed to hold hearings for the Slaughter action in Las Vegas. However, even if he declines to do

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so now, there is no indication that this, in itself, will impede the “just, speedy, and inexpensive”

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determination of the case, as required by Federal Rule of Civil Procedure 1.

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Upon consideration of defendant’s motion (doc. #30), as well as the record, the court

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concludes that there are common issues and evidentiary concerns between the two cases. In the

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interest of judicial economy and efficiency, and in order to prevent duplicate and contradictory

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rulings, the above captioned case shall be transferred to Judge Jones:

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s motion to

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transfer (doc. #30) be, and the same hereby is, GRANTED. The clerk shall transfer the above

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captioned case to Judge Robert C. Jones.

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DATED August 1, 2011.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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