Namvary v. Carter's Inc.

Background

Shaheen Namvary brought this proposed class action against Carter's Inc. and other listed defendants. Carter's Inc. moved under 28 U.S.C. § 1404(a) to transfer the case from the Southern District of New York to the United States District Court for the Northern District of Georgia. Namvary did not oppose the motion.

Legal standard

Section 1404(a) permits a federal court to transfer a civil action for the convenience of the parties and witnesses and in the interest of justice, if the case could have been brought in the receiving district or all parties consented. The court first considers whether the receiving court could have heard the case, then whether the balance of convenience favors transfer.

Court's analysis

The court held that the case could have been brought in the Northern District of Georgia because Carter's Inc. has its principal place of business in Georgia. The court also determined that the balance of convenience favored transfer. Similar claims against Carter's Inc. were pending in the Central District of California and the District of Oregon, and the plaintiffs in all three cases had common counsel. The Judicial Panel on Multidistrict Litigation had declined to consolidate the cases for pretrial proceedings but stated that they could be coordinated informally. The panel also noted that the plaintiffs did not oppose centralization in the Northern District of Georgia. Because the plaintiff did not oppose transfer, the court gave little weight to the original choice of New York as the forum.

Disposition

Judge Lewis J. Liman granted Carter's motion to transfer. The case was transferred to the United States District Court for the Northern District of Georgia under 28 U.S.C. § 1404(a). The clerk was directed to close Docket Nos. 19 and 22.