MY CANARY LLC et al v. CESSNA AIRCRAFT COMPANY et al

Filing 46

MEMORANDUM OPINION. Signed by Judge Mary L. Cooper on 3/31/2016. (km)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
:
MY CANARY LLC, et al.,
:
:
Plaintiffs,
:
:
v.
:
:
CESSNA AIRCRAFT COMPANY, et al., :
:
Defendants.
:
:

CIVIL ACTION NO. 14-5030 (MLC)
MEMORANDUM OPINION

THE COURT has ordered the parties to show cause why this action should not be
transferred to, among other places, the United States District Court for the Northern
District of Illinois pursuant to 28 U.S.C. § 1404(a) (“Section 1404(a)”) . (See dkt. 40.)
The Court assumes that the parties are familiar with the contents of the Order to Show
Cause, and thus the Court will not repeat the facts or the legal arguments set forth therein.
(Id. at 1–6.) The Court has reviewed the responses of the parties. (See dkt. 42; dkt. 42-1;
dkt. 43; dkt. 44.)
THE COURT intends to transfer this action pursuant to Section 1404(a) to the
Northern District of Illinois for several reasons. The plaintiffs — My Canary LLC
(“MCLLC”), Chicago Aviation, Inc. (“CHAI”), and Richard Bodee — are all deemed to
be Illinois citizens. (See dkt. 30 at 1–2.) In addition, Bodee and CHAI are based only in
the region served by the Northern District of Illinois. (Id. at 2.)

FURTHERMORE, a fair amount of the conduct underlying the claims in this
action occurred in connection with Illinois. (See dkt. 42 at 6; dkt. 44 at 4.) Bodee and
CHAI were contacted in Illinois by MCLLC. (See dkt. 30 at 4.) Bodee and CHAI
contacted the defendant SusieAir, LLC (“SALLC”) from Illinois through its owner — the
defendant Scott Bender — about buying the airplane at issue (“Airplane”). (Id.) The
negotiations concerning the purchase of the Airplane were conducted through Bodee in
Illinois. (See dkt. 17-1 at 12–13; dkt. 17-2 at 2; dkt. 33-1 at 9 & 13–14; dkt. 33-2 at 2.)
The plaintiffs also assert that the defendants violated the Illinois Consumer Fraud Act in
failing to consummate a deal concerning the purchase of the Airplane. (See dkt. 30 at
22–24; dkt. 42 at 8.)
THE NORTHERN DISTRICT OF ILLINOIS would appear to be the more
proper venue for this action. For good cause appearing, the Court will issue an
appropriate order.

s/ Mary L. Cooper
MARY L. COOPER
United States District Judge
Dated: March 31, 2016

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