Summary
The United States District Court for the Northern District of California orders plaintiffs to submit supplemental briefing on whether extraordinary circumstances disfavor transfer of the proposed class action to the Southern District of New York. The court states that it is inclined to grant Zynga Inc.’s transfer motion based on a forum selection clause in the applicable Take-Two Terms of Service and directs plaintiffs to file a brief of no more than five pages by January 12, 2026.
Topics
Practice areas
Questions Presented
- Whether plaintiffs should be required to provide supplemental briefing on whether extraordinary circumstances clearly disfavor transfer under the forum-selection clause.
- Whether the court should vacate the scheduled hearing pending supplemental briefing.
Holdings
- The court ordered plaintiffs to file a supplemental brief addressing whether extraordinary circumstances unrelated to the convenience of the parties clearly disfavor transfer to the Southern District of New York.
Key quotations
“As the ones “seeking to avoid a forum selection clause,” plaintiffs “bear[] a ‘heavy burden’ to establish a ground upon which [the Court] will conclude the clause is unenforceable.”” (1)
“addressing whether “extraordinary circumstances unrelated to the convenience of the parties clearly disfavor a transfer.”” (1)
Factual background
Plaintiffs brought a proposed class action alleging violations of California consumer law and the federal Video Privacy Protection Act. Their claims were allegedly governed by the Take-Two Terms of Service, which contained a forum-selection clause. Zynga moved to compel arbitration or alternatively transfer venue, and plaintiffs' opposition concentrated on arbitration rather than the venue issue.
Procedural history
Plaintiffs filed a proposed class action against Zynga. Zynga moved to compel arbitration or alternatively transfer the case to the Southern District of New York. Plaintiffs' opposition focused primarily on arbitration and addressed venue in approximately one page. The court stated that it was inclined to grant transfer based on a forum-selection clause in the applicable Take-Two Terms of Service, but ordered plaintiffs to submit supplemental briefing before ruling.