UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
August 24, 2011
CARLA BURDEWICK, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED,
KOHL'S DEPARTMENT STORES, INC., A DELAWARE CORPORATION; AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.
ORDER RE: MOTION TO TRANSFER
On April 12, 2011, plaintiff filed the instant putative
class action in the Superior Court of California for the County of San
Joaquin, alleging violations of the Song-Beverly Credit Card Act of
1971, Cal. Civ. Code §§ 1747-1748.95. (Docket No.
1.) Defendant removed the action to this court on May 19, 2011. Two
similar putative class actions under the Song-Beverly Credit Card Act have been filed against defendant,*fn1
the first of which, Whittenburg v. Kohl's Corporation, Case
No. 3:11-cv-02320 CRB, is currently pending in the Northern District
of California.*fn2 (See Hatch Decl. ¶ 2, Ex. A (Docket
No. 6-2).) Defendant seeks transfer of the instant action to the
Northern District of California pursuant to 28 U.S.C. § 1404(a),
arguing that it would be convenient for the parties and witnesses and
in the interest of justice. See 28 U.S.C. § 1404(a). Defendant states
that it will seek consolidation of the cases following transfer. (Mot.
to Transfer at 7:1-8:4.)
Plaintiff filed a statement of non-opposition to defendant's motion to transfer. (Docket No. 7.) In light of the prior suit involving the same issues filed first in the Northern District of California, where this action might have been brought, the court finds that the convenience of the parties and witnesses and the interest of justice weigh in favor of transfer. Accordingly, the court will grant defendant's motion to transfer.
IT IS THEREFORE ORDERED that defendant's motion to transfer venue be, and the same hereby is, GRANTED. This action is TRANSFERRED to the United States District Court for the Northern District of California. All dates currently pending before the undersigned are hereby vacated.