Summary
The court grants the parties' consented motion to transfer this putative class action from the Southern District of New York to the Western District of Tennessee under 28 U.S.C. § 1404(a). The action concerns alleged breach of contract and unjust enrichment claims seeking refunds of IEEPA tariffs and related FedEx shipping and customs clearance fees, and the court finds that key operations and witnesses are located in Memphis, Tennessee.
Holdings
- The action should be transferred to the United States District Court for the Western District of Tennessee because the parties consented to transfer, venue and jurisdiction were proper there, and the convenience and interests-of-justice factors favored transfer.
Questions Presented
- Whether the action should be transferred to the United States District Court for the Western District of Tennessee under 28 U.S.C. § 1404(a) when the parties consented to the transfer and relevant operations and witnesses were located there.
Disposition
other
Cases Cited (3)
- Corley v. United States, 11 F.4th 79, 89 (2d Cir. 2021)(followed)
- RBG Mgmt. Corp. v. Vill. Super Mkt., Inc., No. 22-CV-7996, 2024 WL 1574026, at *2 (S.D.N.Y. Apr. 11, 2024)(followed)
- Megna v. Biocomp Lab'ys Inc., 220 F. Supp. 3d 496, 497-98 (S.D.N.Y. 2016)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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