BACCAY v. HEARTLAND PAYMENT SYSTEMS, LLC et al

Filing 14

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPHINE E. BACCAY, 12 13 14 15 16 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. 17 18 Plaintiff Josephine E. Baccay sues Defendants Heartland 19 Payment Systems, LLC and Heartland Payment Solutions, Inc. for 20 allegedly violating the federal Fair Credit Report Act and its 21 California state-law equivalents. 22 parties executed a Sales Employee Agreement, which contained a 23 forum-selection clause designating the U.S. District Court for 24 the District of New Jersey as the exclusive forum for this suit. 25 See Parrish Decl., ECF No. 5-1, Ex. E ¶ 17. 26 Defendants now move under 28 U.S.C. § 1404(a) to transfer venue. 27 Mot. & Mem., ECF No. 5. 28 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 1 1 transfer the case to the forum specified in that clause.” 2 Marine Constr. Co. v. United States Dist. Court for the W. Dist. 3 of Tex., 134 S. Ct. 568, 581 (2013). 4 where, as here, the § 1404(a) motion is unopposed. 5 Statement of Non-Opposition, ECF No. 12. 6 GRANTS Defendants’ motion to transfer venue. 7 proceed in the U.S. District Court for the District of New 8 Jersey. 1 9 10 Atl. This is particularly true Pl.’s The Court therefore This case will IT IS SO ORDERED. Dated: September 29, 2017 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 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. 2

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