Wunsch v. American Realty Capital Properties, Inc. et al

Filing 19

MEMORANDUM. Signed by Judge J. Frederick Motz on 4/14/2015. (nd2s, Deputy Clerk) [Transferred from Maryland on 4/15/2015.]

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

GARY WUNSCH

v.
AMERICAN REALTY CAPITAL
PROPERTIES, ET AL.

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Civil No. – JFM-14-4007

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MEMORANDUM

I agree with the decision in Knox v. Agria Corp., 613 F. Supp. 2d 419 (S.D.N.Y. 2009)
rather than the opinion of my friend and colleague Judge Goodwin in Niitsoo v. Alpha Natural
Res., Inc., 902 F. Supp. 2d 797 (S.D.W.Va. 2012). I do not believe that the Supreme Court’s
opinion in Kircher v. Putnam Funds Trust, 547 U.S. 633 (2006) is material because this case
involves a class action based upon federal law. Thus, it is a “covered class action” under 15
U.S.C. §77p(b). Section 77p(c) is not relevant here because the asserted claims do not arise
under state law.
For these reasons an order is being entered herewith denying plaintiff’s motion to remand
and transferring this action to the Southern District of New York, where it can be consolidated
with the seven suits that are presently pending there.

Date: April 14, 2015

____/s/_____________________
J. Frederick Motz
United States District Judge

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