Kurisu v. Svenhard Swedish Bakery Supplemental Key Management Retirement Plan

Background

The court reviewed the parties’ supplemental briefs concerning venue. The order identifies three individual defendants who had appeared: Mr. Svenhard, Mr. Kunkel, and Mr. Kohles. The court also refers to the Bakery Defendants’ position regarding venue and the handling of claims against them.

Court’s Analysis

The court considered whether 28 U.S.C. § 1404(a) permitted transferring the entire action to the District of Oregon. That statute allows a federal court to transfer a civil action for the convenience of the parties and witnesses, and in the interest of justice, if the action could have been brought in the receiving district or all parties consent to the transfer.

The court concluded that transferring the entire action to Oregon would not be proper. The three individual defendants who had appeared did not consent to transfer, and the court found no indication that the claims against those defendants could have been brought in Oregon.

The Bakery Defendants argued that the court had no venue over them or that the claims against them should be separated and transferred to Oregon. The court expressly did not rule on that argument at this stage.

Disposition and Next Steps

The court did not state that a transfer motion was granted or denied. It concluded that transfer of the entire action to Oregon would not be proper and set a status conference for June 10, 2021, at 10:30 a.m. The conference was intended to address coordination between this action and cases in the District of Oregon, including possible separation and transfer of claims. Judge Edward M. Chen signed the order.