Trimboli v. FilmSupply, LLC

Background

Jonathan Trimboli sued Filmsupply, LLC over allegations related to his use of Filmsupply’s website. The complaint asserted three claims: a claim under the federal Video Privacy Protection Act, a claim under California’s Video Privacy Protection Act, and a claim under California’s Unfair Competition Law.

The parties jointly sought a transfer under 28 U.S.C. § 1404(a), a statute that allows a federal court to move a civil case to another proper federal district when doing so would promote convenience and the interest of justice. They relied on a forum-selection clause in Filmsupply’s website terms. That clause stated that disputes arising from the service would be decided exclusively in a state or federal court located in Tarrant County, Texas.

The parties stipulated that the Northern District of Texas was a proper forum, had jurisdiction over the action, and was not inconvenient. They also stated that Filmsupply, its witnesses, policies, and business records were located in that district. In addition, they agreed to extend Filmsupply’s deadline to respond to the complaint from November 27, 2024, to January 11, 2025.

Ruling

The court granted the stipulated motion to transfer venue to the Northern District of Texas and to extend Filmsupply’s deadline to answer, move, or otherwise plead. The clerk was directed to transfer the case to that district. The court extended the response deadline by 45 days through January 11, 2025, and directed the clerk to close the California case upon transfer.

Disposition

The stipulated motion was GRANTED. The order transferred the case and extended the defendant’s response deadline; it did not decide the merits of the three claims.