Gonzalez v. Gojo Industries, Inc.

Background

Magdiela Gonzalez and Rita Bongiovi sued GOJO Industries, Inc., individually and on behalf of others similarly situated. The case involved consumer-protection claims against the manufacturer of Purell hand-sanitizing products. On July 17, 2020, GOJO moved under 28 U.S.C. § 1404(a) to transfer the case from the Southern District of New York to the Northern District of Ohio.

Transfer standard

The court explained that it first had to determine whether venue was proper in the proposed transferee district. If venue was proper, it then had to decide whether convenience and the interests of justice favored transfer. GOJO had to show by clear and convincing evidence that transfer was warranted.

The parties did not dispute that venue was proper in the Northern District of Ohio. The opinion states that GOJO is an Ohio corporation and that the products at issue were manufactured and labeled there. GOJO also acknowledged that the main location of the relevant events—including marketing, labeling, and sales decisions—was in the Northern District of Ohio.

Court’s reasoning

The court concluded that GOJO met its heavy burden. It relied in part on the fact that the principal witnesses, including some third-party witnesses, and the main location of the relevant events were in Ohio. The court also found the transfer especially compelling because, one day earlier, another court had transferred a related lawsuit raising similar claims against GOJO to the Northern District of Ohio. The court reasoned that the two lawsuits could be consolidated only if this case were transferred there as well.

Disposition

The court granted GOJO’s motion to transfer under Section 1404(a). It directed the Clerk of Court to transfer the case to the Northern District of Ohio and to close the case in the Southern District of New York. The opinion decided venue and convenience only; it did not resolve the underlying consumer-protection claims.