Bueno v. Visa Inc.
- Haywood Gilliam
- 4:24-cv-08968
- U.S. District Court · Northern District of California
- 5
In Bueno v. Visa Inc., Judge Gilliam approved the parties’ stipulation, transferred the case to New York, and closed the California case.
Spencer Bueno, Visa Inc., and the proposed class members are affected by the transfer of the case to the Southern District of New York. The Northern District of California case was closed, while further proceedings were left to the transferee court.
What happened
In Bueno v. Visa Inc., Spencer Bueno sued Visa Inc. in the Northern District of California and sought to represent similarly situated people. Visa moved to transfer the case to the Southern District of New York, where related cases were pending.
Bueno did not oppose the transfer and agreed to it. The parties also agreed that Visa’s deadline to respond to the complaint would be set by the New York court, and that the Northern District of California’s other deadlines would be canceled.
Judge Haywood S. Gilliam approved the stipulation and ordered the case transferred to the Southern District of New York for further proceedings. The order terminated Visa’s transfer motion, directed the clerk to transfer and then close the California case, and stated that the stipulation did not waive the parties’ rights, defenses, or positions.
The detailed version
- Bueno v. Visa Inc. · No. 4:24-cv-08968
- Haywood Gilliam
- Dec. 23, 2024
Background
Spencer Bueno filed a complaint against Visa Inc. in the Northern District of California. The caption identifies Bueno as suing individually and on behalf of all others similarly situated. Visa filed a motion under 28 U.S.C. § 1404(a), a federal transfer statute, asking to move the case to the Southern District of New York. The filing stated that related government and putative class-action cases were pending there and that another related case was being transferred there.
The parties’ stipulation
Bueno did not oppose Visa’s transfer motion and consented to transferring the case. The parties agreed that Visa’s deadline to move, answer, or otherwise respond to the complaint would be postponed until a deadline set by the Southern District of New York. They also agreed that all other deadlines set by the Northern District of California would be vacated. The stipulation preserved the parties’ rights and legal positions, including Visa’s possible defenses based on personal jurisdiction or an inconvenient forum, and stated that it was without prejudice to any party seeking interim relief.
Ruling
Judge Haywood S. Gilliam approved the stipulation based on the parties’ agreement and a finding of good cause. Pursuant to that stipulation, the court ordered the case transferred to the United States District Court for the Southern District of New York for further proceedings. The order terminated docket number 20, which was Visa’s transfer motion, directed the clerk to transfer the case and then close the Northern District of California case, and did not decide the underlying claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.