Pinon v. Tristar Products, Inc., et al.
Filing
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ORDER Granting 52 Joint Motion to Transfer Venue, signed by District Judge Dale A. Drozd on 10/26/17. Case Transferred to the Northern District of Ohio, Eastern Division (Cleveland Office). (Gonzalez, R) [Transferred from caed on 10/31/2017.]
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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EDWINA PINON, individually and on
behalf of all persons similarly situated,
Plaintiff,
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ORDER GRANTING JOINT MOTION TO
TRANSFER VENUE
v.
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No. 1:16-cv-00331-DAD-SAB
TRISTAR PRODUCTS, INC., DOES 110, inclusive,
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(Doc. No. 52.)
Defendants.
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This matter is before the court on the parties’ joint motion to transfer this action to the
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United States District Court for the Northern District of Ohio, Eastern Division. (Doc. No. 52.)
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Plaintiff Edwina Pinon and defendant Tristar Products, Inc. (“Tristar”) have moved for this case
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to be transferred to the Northern District of Ohio so it can be consolidated with another action1
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pending before U.S. District Judge James S. Gwin of that court. (Id.)
BACKGROUND
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Plaintiff Edwina Pinon initiated this action on March 10, 2016 on behalf of all persons
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who purchased a 2015 Power Pressure Cooker XL (“Pressure Cooker”), which she alleged was
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defectively designed and caused injuries to the class members. (Doc. No. 1.) This action
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proceeds on the first amended complaint (“FAC”), which was filed on May 24, 2016. (Doc. No.
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Chapman v. Tristar Products, Inc., No. 1:16-cv-01114 (N.D. Ohio).
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17.) Plaintiff asserted four causes of action in the FAC: (1) breach of express warranty, (2)
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breach of implied warranty, (3) violation of the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301,
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et seq., and (4) violation of the California Unfair Competition Law, California Business &
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Professions Code § 17200, et seq. (Id.) In terms of relief, plaintiff seeks damages, attorney’s fees
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and costs, and injunctive relief “requiring Defendants to recall and replace or repair the defective
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Pressure Cookers, and prohibiting any further misleading or deceptive advertising campaigns.”
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(Id. at 15.) On June 10, 2016, defendant moved to dismiss plaintiff’s injunctive relief claim for
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lack of subject matter jurisdiction. (Doc. No. 19.) That motion was denied by this court on
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September 1, 2016. (Doc. No. 26.) Thereafter, the parties attended an initial scheduling
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conference before U. S. Magistrate Judge Stanley Boone on December 13, 2016. (Doc. No. 34.)
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On May 26, 2017, plaintiff filed a notice of settlement with the court. (Doc. No. 48.) This joint
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motion to change venue was filed on September 11, 2017. (Doc. No. 52.) Initially this motion
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was set for hearing on October 17, 2017, but the court vacated the hearing date on October 5,
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2017, finding the motion to be properly resolved on the papers without the need for oral
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argument. (Doc. No. 54.)
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LEGAL STANDARD
A district court may transfer the venue of any civil action to another district or division
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where it could have been brought or to any district or division to which all parties have consented.
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28 U.S.C. § 1404(a). The change of venue provision “is to prevent the waste of time, energy and
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money and to protect litigants, witnesses and the public against unnecessary inconvenience and
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expense.” Van Dusen v. Barrack, 376 U.S. 612, 616 (1964) (internal quotation marks omitted);
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Anderson v. Michaels Stores, Inc., No. CIV. 2:14-500 WBS, 2014 WL 1613952, at *2 (E.D. Cal.
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Apr. 22, 2014). When ruling on a motion to transfer venue, courts evaluate three elements: (1)
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convenience for the parties; (2) convenience for the witnesses; and (3) the interests of justice. Id.;
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Safarian v. Maserati N. Am., Inc., 559 F.Supp.2d 1068, 1071 (C.D. Cal. 2008). In making the
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determination, the Ninth Circuit has considered factors such as, but not limited to, the plaintiff’s
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choice of forum, the parties’ contacts with the forum, contacts resulting in plaintiff’s cause of
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action in the chosen forum, different costs of litigation between the two forums, ease of access to
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evidence, and feasibility of consolidating other claims. See Jones v. GNC Franchising, Inc., 211
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F.3d 495, 498 (9th Cir. 2000); Decker Coal. Co. v. Commonwealth Edison Co., 805 F.2d 834, 843
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(9th Cir. 1986); Anderson, 2014 WL 1613952 at *2.
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DISCUSSION
Here, the parties jointly move this court to transfer this action to the United States District
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Court for the Northern District of Ohio, Eastern Division (Cleveland Office), to be consolidated
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with a pending class action there against the same defendant. (Doc. No. 52 at 1.) Since this is a
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joint motion, the court concludes that the new forum will be convenient for both parties. Plaintiff
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has represented that this action has been settled, so the court does not need to consider
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convenience for any witnesses. It is in line with the interests of justice to transfer this action to
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the Northern District of Ohio, to allow the parties to petition for consolidation with the pending
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case which has also settled. If the cases are consolidated, transferring the case would promote
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efficient administration of justice, as only one court would have to provide preliminary approval,
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class-wide notice, claims administration, and final approval of the proposed settlement
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agreement.
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CONCLUSION
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For the forgoing reasons, the court grants the parties’ joint motion to transfer this action to
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the Northern District of Ohio. Accordingly, this action is transferred to the United States District
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Court for the Northern District of Ohio, Eastern Division (Cleveland Office).
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IT IS SO ORDERED.
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Dated:
October 26, 2017
UNITED STATES DISTRICT JUDGE
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