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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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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LOUIS A. CARDINALI,
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Plaintiff(s),
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vs.
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PLUSFOUR, INC., et al.,
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Defendant(s).
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Case No. 2:16-cv-02046-JAD-NJK
ORDER
(Docket No. 47)

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Pending before the Court is Defendant Experian’s motion to transfer pursuant to 28 U.S.C. §

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1404(a). Docket No. 47.1 Plaintiff filed a response and Experian filed a reply. See Docket Nos. 51, 53.

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Experian filed supplemental authority, see Docket No. 55, see also Docket No. 56 (allowing

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supplemental authority), and Plaintiff has filed a response to the supplemental authority, Docket No. 59.

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The Court held a hearing on the motion on September 25, 2017.

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The motion to transfer is premised in significant part on the contention that this case is better

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handled in the Northern District of Illinois in light of an overlapping nationwide class action being

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litigated in that court. See, e.g., Docket No. 53 at 9 (asserting that Experian would “prefer to not defend

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the same nationwide class case in two locations in front of two different courts”). In the latest filing in

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relation to this motion, however, Plaintiff has attached a minute order from that court allowing the

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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).

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plaintiff there to withdraw his class action allegations and his motion to certify a class. See Docket No.

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59-2. Further, Experian represented at the hearing that the primary case on which it premised its motion

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to transfer has now been dismissed.

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In light of the changed landscape, the pending motion to transfer is DENIED without prejudice.

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To the extent Experian continues to believe circumstances warrant transfer, it may file a renewed motion

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to transfer more specifically focused on the current state of affairs.

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IT IS SO ORDERED.

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DATED: September 26, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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