Nagy v. United Schutzhund Clubs of America

Background

United Schutzhund Clubs of America (USCA) moved to transfer Zoltan Nagy’s action from the Northern District of California to the Eastern District of Missouri. USCA stated that its sole office was located in Missouri. Nagy opposed the motion, and both sides appeared through counsel at the December 4, 2020 hearing.

Court’s analysis

The court noted that USCA had not timely filed a motion under Federal Rule of Civil Procedure 12(b)(3), so it had waived a challenge to venue under 28 U.S.C. § 1406(a). The court nevertheless considered transfer for convenience under 28 U.S.C. § 1404(a).

The court found that venue would have been proper in the Eastern District of Missouri, where USCA resides and has its headquarters. Four factors favored transfer: the convenience of witnesses, the difference in litigation costs, access to sources of proof, and the contacts between the chosen forum and Nagy’s claims. Three factors weighed against transfer but only slightly: possible familiarity with California law, Nagy’s choice of forum, and the availability of compulsory process for unwilling nonparty witnesses. The court said other factors, including the parties’ contacts, local interest, court congestion, and trial timing, weighed neither for nor against transfer.

Ruling

Judge Maxine M. Chesney granted USCA’s “Motion to Transfer Venue” and transferred the action to the Eastern District of Missouri. The order did not decide the merits of Nagy’s underlying claims.

Effect of the order

The case was moved from the Northern District of California to the Eastern District of Missouri. The opinion does not state the final disposition of the underlying claims.