Andrew Harrington, et al. v. Cracker Barrel Old Country Store Incorporated

Summary

The United States District Court for the District of Arizona grants Sara Liptak’s motion to sever and transfer the claims of non-Arizona opt-in plaintiffs in an FLSA collective action. Relying primarily on 28 U.S.C. § 1631 and the absence of personal jurisdiction over the non-Arizona plaintiffs’ claims, the Court directs transfer of the Massachusetts-based plaintiffs to the District of Massachusetts. The Court also orders the parties to identify the opt-in plaintiffs to be severed and directs the Clerk to create and transfer a new action.

Holdings

1. Section 1631 permits transfer of the non-Arizona plaintiffs' claims to the District of Massachusetts because the District of Arizona lacked personal jurisdiction over those claims and the statute's reference to a 'want of jurisdiction' encompasses personal jurisdiction in the Ninth Circuit.
2. The court granted the motion to sever and transfer the non-Arizona plaintiffs' claims to the District of Massachusetts, Central Division, rather than dismissing those claims.
3. Section 1404(a) governs discretionary convenience transfers, § 1406 governs transfers based on improper venue, and § 1631 governs transfers based on a want of jurisdiction.

Questions Presented

1. Whether the court could sever the non-Arizona plaintiffs from the collective action.
2. Whether 28 U.S.C. § 1631 authorizes transfer of the severed plaintiffs' claims to the District of Massachusetts when the District of Arizona lacks personal jurisdiction over those plaintiffs' claims.
3. Whether dismissal, rather than transfer, was required because the transfer statutes did not apply.

Disposition

other