BACCAY v. HEARTLAND PAYMENT SYSTEMS, LLC et al
Filing
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ORDER GRANTING MOTION TO TRANSFER VENUE signed by District Judge John A. Mendez on 9/29/17: This case will proceed in the U.S. District Court for the District of New Jersey. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOSEPHINE E. BACCAY,
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No.
2:17-cv-01356-JAM-AC
Plaintiff,
v.
ORDER GRANTING DEFENDANTS’
MOTION TO TRANSFER VENUE
HEARTLAND PAYMENT SYSTEMS,
LLC, and HEARTLAND PAYMENT
SOLUTIONS, INC.,
Defendants.
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Plaintiff Josephine E. Baccay sues Defendants Heartland
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Payment Systems, LLC and Heartland Payment Solutions, Inc. for
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allegedly violating the federal Fair Credit Report Act and its
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California state-law equivalents.
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parties executed a Sales Employee Agreement, which contained a
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forum-selection clause designating the U.S. District Court for
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the District of New Jersey as the exclusive forum for this suit.
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See Parrish Decl., ECF No. 5-1, Ex. E ¶ 17.
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Defendants now move under 28 U.S.C. § 1404(a) to transfer venue.
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Mot. & Mem., ECF No. 5.
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forum-selection clause, a district court should ordinarily
Compl., ECF No. 1-3.
But the
Citing this clause,
“When parties have agreed to a valid
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transfer the case to the forum specified in that clause.”
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Marine Constr. Co. v. United States Dist. Court for the W. Dist.
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of Tex., 134 S. Ct. 568, 581 (2013).
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where, as here, the § 1404(a) motion is unopposed.
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Statement of Non-Opposition, ECF No. 12.
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GRANTS Defendants’ motion to transfer venue.
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proceed in the U.S. District Court for the District of New
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Jersey. 1
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Atl.
This is particularly true
Pl.’s
The Court therefore
This case will
IT IS SO ORDERED.
Dated: September 29, 2017
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This motion was determined to be suitable for decision without
oral argument. E.D. Cal. L.R. 230(g). The hearing was
scheduled for October 3, 2017.
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