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Zachary Morvant, et al v. P.F. Chang's China Bistro

October 27, 2011

ZACHARY MORVANT, ET AL.,
PLAINTIFFS,
v.
P.F. CHANG'S CHINA BISTRO, INC., ET AL. DEFENDANTS.



The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

MEMORANDUM AND ORDER

Before the Court are Defendants' Motion to Transfer the Action to the Northern District of California [ECF No. 7] and Plaintiffs' Motion for Leave to File Second Amended Complaint [ECF No. 12].*fn1

BACKGROUND

In July 2011, Defendants timely removed this putative wage and hour class action from the Sacramento Superior Court. [ECF No. 1]. Removal was based on the diversity of the parties and an amount in controversy that exceeds $5 million. 28 U.S.C. §§ 1332, 1446, 1443.

Representative Plaintiffs, Zachary Morvant ("Morvant") and Jean Andrews ("Andrews"), are or were employed at P.F. Chang's restaurants in California; Morvant in Emeryville and Andrews in Pleasanton. They seek to represent a class of similarly situated persons who are or were non-exempt employees of Defendants' California restaurants from December 14, 2006, through the date of trial. In their First Amended Complaint ("FAC")*fn2 , Plaintiffs allege the following California law claims against Defendants:

(1) failure to provide meal and rest periods; (2) unlawful failure to pay wages; (3) failure to provide accurate itemized wage statements; and (4) unfair business practices. Among other things, Plaintiffs seek unpaid wages, interest, liquidated damages, injunctive and equitable relief, as well as attorneys' fees and costs.

On September 22, 2011, Defendants filed the instant motion to transfer venue [ECF No. 7]. On September 29, Plaintiffs filed a motion for leave to file a Second Amended Complaint ("SAC") [ECF No. 12].

The only substantive difference between the FAC and the proposed SAC is that the SAC adds a claim for unpaid overtime wages for the hours worked during the first eight hours of the seventh day of any one work week.

In their motion to transfer venue, Defendants contend that this case should be transferred to Judge William H. Alsup of the United States District Court for the Northern District of California. Judge Alsup presided over a purported class action, Dubee v. P.F. Chang's China Bistro, Inc., C08-1247 WHA, from May 5, 2010 to May 4, 2011, which Defendants assert involved the same attorneys, virtually all the same parties, and was essentially identical in every respect to the present action [ECF Nos. 7-10]. Defendants assert that transfer is warranted because

(1) this action and the Dubee action are essentially identical;

(2) Judge Alsup has significant experience with the facts and claims at issue; (3) this action could have and should have been filed in the Northern District; and (4) the convenience of the parties and witnesses favors transfer.

Plaintiffs respond by arguing that: (1) their choice of forum is entitled to great deference; (2) Defendants have not demonstrated that the convenience of the parties and witnesses is served by transferring this case; (3) the Dubee action is irrelevant to the present action; and (4) the underlying reason for Defendants' motion is their preference for Judge Alsup.

STANDARD

"For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought." 28 U.S.C. § 1404(a). The party moving for transfer of a case bears the burden of demonstrating transfer is appropriate. Commodity Futures Trading Comm'n v. Savage, 611 F.2d 270, 279 (9th Cir. 1979). Once the Court determines a case could have been brought before the proposed transferee court, it must consider a number of private and public factors relating to the interests of the parties and the judiciary, including: (1) the plaintiff's choice of forum; (2)convenience of the parties and the witnesses and the ease of access to the evidence; (3) the familiarity of each forum with the applicable law; (4) the local ...


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