Cardinali v. Plusfour, Inc. et al

Filing 65

ORDER that 47 Motion to Transfer is DENIED without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 9/26/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 LOUIS A. CARDINALI, 11 Plaintiff(s), 12 vs. 13 PLUSFOUR, INC., et al., 14 Defendant(s). 15 ) ) ) ) ) ) ) ) ) ) Case No. 2:16-cv-02046-JAD-NJK ORDER (Docket No. 47) 16 Pending before the Court is Defendant Experian’s motion to transfer pursuant to 28 U.S.C. § 17 1404(a). Docket No. 47.1 Plaintiff filed a response and Experian filed a reply. See Docket Nos. 51, 53. 18 Experian filed supplemental authority, see Docket No. 55, see also Docket No. 56 (allowing 19 supplemental authority), and Plaintiff has filed a response to the supplemental authority, Docket No. 59. 20 The Court held a hearing on the motion on September 25, 2017. 21 The motion to transfer is premised in significant part on the contention that this case is better 22 handled in the Northern District of Illinois in light of an overlapping nationwide class action being 23 litigated in that court. See, e.g., Docket No. 53 at 9 (asserting that Experian would “prefer to not defend 24 the same nationwide class case in two locations in front of two different courts”). In the latest filing in 25 relation to this motion, however, Plaintiff has attached a minute order from that court allowing the 26 1 27 28 Deciding a motion to transfer pursuant to 28 U.S.C. § 1404(a) is a matter within the authority of a magistrate judge. See, e.g., Pavao v. Unifund CCR Partners, 934 F. Supp. 2d 1238, 1241 n.1 (S.D. Cal. 2013) (collecting cases). 1 plaintiff there to withdraw his class action allegations and his motion to certify a class. See Docket No. 2 59-2. Further, Experian represented at the hearing that the primary case on which it premised its motion 3 to transfer has now been dismissed. 4 In light of the changed landscape, the pending motion to transfer is DENIED without prejudice. 5 To the extent Experian continues to believe circumstances warrant transfer, it may file a renewed motion 6 to transfer more specifically focused on the current state of affairs. 7 IT IS SO ORDERED. 8 DATED: September 26, 2017 9 10 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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