Freeman v. Burbank
- Maxine Chesney
- 3:22-cv-05022
- U.S. District Court · Northern District of California
- 2
Freeman v. Hurst: Judge Chesney transferred the action to Nevada because an earlier related case and other factors favored transfer.
The action was transferred from the Northern District of California to the District of Nevada, affecting Scott Freeman and the defendants, including Savant HWP, Inc. and Russell Burbank.
What happened
In Scott Freeman v. Stephen Hurst, et al., Savant HWP, Inc. asked the Northern District of California to transfer the action to the District of Nevada. Freeman joined that request, and no other response was filed.
The court relied on an earlier-filed case in Nevada involving the same defendants and allegations. It also noted that most alleged acts occurred in Nevada, most defendants lived there, Freeman was a Nevada citizen when his claims arose, and the only apparent connection to California was a defendant's residence.
Judge Maxine M. Chesney granted the motion, transferred the action to the District of Nevada, and vacated the hearing.
The detailed version
- Freeman v. Burbank · No. 3:22-cv-05022
- Maxine Chesney
- Nov. 9, 2022
Background
Savant HWP, Inc. filed an amended motion to transfer venue from the Northern District of California to the District of Nevada. Scott Freeman filed a notice joining the motion. No other response was filed, so the motion was unopposed.
Reasons for Transfer
The court found that transfer was in the interests of justice. Freeman was pursuing an earlier-filed action in the District of Nevada involving the same defendants and the same allegations. The court viewed the possibility of coordinating or consolidating the related actions as a significant reason supporting transfer.
The court also found that the parties' connections to Nevada and the connections between Nevada and the claims favored transfer. It stated that most of the alleged acts occurred in Nevada, most defendants resided in Nevada, and Freeman was a Nevada citizen during the period when he claimed the relevant events occurred. The court said the only apparent connection to the Northern District of California was the residence of Russell Burbank, who was alleged to have acted wrongfully as trustee for two Nevada corporations and had not opposed transfer.
Ruling
Judge Maxine M. Chesney granted Savant HWP, Inc.'s motion and transferred the action to the District of Nevada. The court also vacated the hearing.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.