Bailon v. Pollen Presents

Background

Jolie Bailon filed a letter motion under 28 U.S.C. § 1404(a), a federal law allowing a court to transfer a civil case to another district for the convenience of the parties and witnesses and in the interest of justice. She sought transfer from the Southern District of New York to the United States District Court for the District of Nevada.

The remaining defendants were Pollen Presents and Scooter Braun Projects LLC. They had not appeared because Bailon had not properly served them. The court had previously ordered Bailon to serve them within thirty days or explain why she could not do so.

Court’s Analysis

The court determined that the case could have been filed in the District of Nevada because a substantial part of the events underlying Bailon’s claims occurred there. It then considered the customary transfer factors, including the location of the operative facts, the convenience of witnesses and parties, the availability of compulsory process for unwilling witnesses, the location of documents and other evidence, familiarity with the governing law, the plaintiff’s choice of forum, trial efficiency, and the overall interest of justice.

The court found that these factors clearly favored transfer. Almost all of the relevant events occurred in Las Vegas, while almost none occurred in the Southern District of New York. The majority of potential witnesses and relevant documentary evidence were also likely to be in Nevada, and a Nevada federal court would be better positioned to compel unwilling witnesses to attend.

The court further stated that Bailon’s request showed her desire and ability to litigate in Nevada. Although Pollen Presents and Scooter Braun Projects LLC had not appeared and had not stated whether Nevada would be convenient, the court had no reason to believe that Nevada would be more burdensome for them than New York. The court also noted that Bailon’s complaint included common-law claims tied to events at a casino and resort on the Las Vegas Strip, a setting with which the Nevada court would be familiar.

Disposition

The court granted Bailon’s motion to transfer under 28 U.S.C. § 1404(a) and directed the Clerk of Court to transfer the action to the United States District Court for the District of Nevada. The court noted that, after the case was transferred and reassigned, Bailon could renew her motions for an extension of time to serve Pollen Presents and Scooter Braun Projects LLC. It also noted that she could ask the Nevada court for permission to rejoin previously dismissed defendant Wynn Resorts, subject to applicable jurisdictional requirements.