JOSEPH F. BIANCO, District Judge:
On May 10, 2010, plaintiffs Lisa Rindfleisch ("Rindfleisch"), Tiffany Melendez ("Melendez"), Michelle Gentile ("Gentile"), Laurie Baker ("Baker"), and Christina Nelmes ("Nelmes") (collectively "plaintiffs") brought the instant action on behalf of themselves, and on behalf of individuals similarly situated, against defendant Gentiva Health Services, Inc. ("Gentiva" or "defendant") for alleged violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 216(b), the New York Minimum Wage Act, N.Y. Labor Law §§ 650 to 665, and the North Carolina Wage and Hour Act, N.C. Gen.Stat. §§ 95-25.1 to 95-25.25. Specifically, plaintiffs allege that, in their capacity as visiting health care providers employed by Gentiva, they were improperly compensated under Gentiva's pay-per-visit ("PPV") compensation scheme and were not paid overtime for hours worked in excess of forty hours per week.
Defendants have moved to transfer the venue of this action to the United States District Court for the Northern District of Georgia, Atlanta Division ("Northern District of Georgia"), pursuant to 28 U.S.C. § 1404(a), arguing that the convenience of relevant witnesses and the interests of justice warrant such a transfer. For the reasons stated below, the Court transfers the instant case to the Northern District of Georgia under the authority of 28 U.S.C. § 1404(a).
The following facts are undisputed for purposes of the motion unless otherwise noted.
Plaintiffs Rindfleisch, Melendez, Gentile, Baker, and Nelmes were formerly employed by Gentiva as registered nurse case managers who provided visiting home health care services. (Compl. ¶¶ 9, 24, 34, 44, 54, 65.) Rindfleisch, Melendez, and Gentile were employed in Gentiva's office in Auburn, New York (id. ¶ 16), where they also reside. (August 31, 2010 Declaration of Lisa Rindfleisch ("Rindfleisch Decl.") ¶ 2, August 24, 2010 Declaration of Tiffany Melendez ("Melendez Decl.") ¶ 2, August 29, 2010 Declaration of Michele Gentile ("Gentile Decl.") ¶ 2.) Plaintiffs Baker and Nelmes were employed in Gentiva's Kinston, North Carolina office, and were residents of North Carolina during all times relevant to this litigation. (Compl. ¶¶ 16-17.) The Court takes judicial notice of the fact that Auburn, New York is located in the Northern District of New York, and Kinston, North Carolina is
Defendant Gentiva states that it currently maintains its headquarters in Atlanta, Georgia (Def.'s Mem. of Law at 3), where its management and corporate operations staff in a number of relevant departments— Human Resources, Compensation and Benefits, Employee Training and Development, Finance, Legal, Compliance, Tax, Procurement, Sales and Marketing, Operations, and Clinical Care—are primarily based. (Aug. 9, 2010 Declaration of John Karr ("Karr Decl.") ¶ 11.) Gentiva also operates over 300 branch locations (id. ¶ 13), as well as two administrative centers, one in Overland Park, Kansas and the other in or around Tampa, Florida (id. ¶ 10). Of Gentiva's branch locations, only four are located in the Eastern District of New York (id. ¶ 13), and plaintiffs did not work at any of these locations. Plaintiffs claim that the four branch offices in the Eastern District of New York include "major administrative offices" (Pls.' Opp. at 3), but they cite no evidence that supports that assertion.
Although plaintiffs apparently do not dispute that Gentiva has moved some of its operations to Atlanta, they nevertheless challenge Gentiva's assertion that its principal executive offices are in Georgia, and point as evidence to Gentiva's corporate filings with New York and 22 other states, in which Gentiva lists its Melville, New York address as its principal place of business. (Pls.' Opp. at 4.) Defendant acknowledges that Gentiva previously was headquartered in Melville, New York—prior to the company's merger with Atlanta-based Healthfield Home Health, Inc. ("Healthfield")—but defendant states that its move to Atlanta has been completed
Plaintiffs further contend, in a conclusory fashion, that the "strategies, research and development regarding the PPV compensation practice . . . were made while Gentiva's principal place of business was recognized as Melville, New York." (Pls.' Opp. at 6.) They also assert that Gentiva used the pay-per-visit compensation scheme prior to its merger with Healthfield while Gentiva was still based in New York. (Id. at 2.)
Defendant, however, states that Gentiva switched to a PPV system only after its merger with Healthfield. (Def.'s Mem. of Law at 4.) More important, with respect to potential witnesses, defendant notes that the transition from a salary compensation scheme to a PPV scheme was directed by Gentiva personnel based in Atlanta, Georgia. (Id.; Karr Decl. ¶ 20; Shanahan Decl. ¶¶ 15-18.) Although former Gentiva compensation staff in Melville, New York may have been involved in the transition, at least to some degree, they were not involved to the extent of personnel based in Atlanta, where strategic planning for, and the creation of key documents regarding, the transition occurred. (Shanahan Decl. ¶ 16-17.) Thus, defendant contends that it is likely the material witnesses for this lawsuit will reside in or near the Northern District of Georgia. (See Def.'s Mem. of Law at 5-9.)
Similarly, the primary location for the coordination of document production for this lawsuit would be Gentiva's office in Atlanta, Georgia. First, any "records relevant to the management of Human Resources. . . [are located] in the Atlanta office in paper format, and are not duplicated elsewhere." (Shanahan Decl. ¶ 14.) The same is true for records related to the management of Gentiva's compensation system. (Karr Decl. ¶ 12.) Second, to the extent that electronic, as opposed to paper, records regarding compensation exist, those records would not reveal "information about how each type of non-visit clinician activity was compensated." (Karr Decl. ¶ 25; Shanahan Decl. ¶ 24.) Instead, to find this information, Gentiva employees would have to review paper records created at Gentiva's various branch locations. (Karr Decl. ¶ 25; Shanahan Decl. ¶ 24.) The "employees who have the expertise to aggregate and interpret the company's paper records . . . are located at the Atlanta, Georgia headquarters . . . or in its Overland Park, Kansas offices." (Karr Decl. ¶ 26; Shanahan Decl. ¶ 25.) No such employees work at Gentiva's New York locations. (Karr Decl. ¶ 26; Shanahan Decl. ¶ 25.) Thus, defendant states that "[a]ny centralized collection and review of those records would be coordinated through Atlanta." (Def.'s Mem. of Law at 10.) Finally, there is limited access to the software needed to review Gentiva's electronic records regarding patients, billing, visit schedules, visit time, and employee data. (Shanahan Decl. ¶ 26.) Employees with the knowledge and authority necessary to access and interpret these records are located either in Atlanta or in Overland Park, Kansas, but not in New York. (Id.)
On May 10, 2010, plaintiffs filed their complaint in this action in the Eastern District of New York. The Court held a pre-motion conference on July 8, 2010 and set a briefing schedule for the instant motion to transfer venue. On August 9, 2010, defendant filed its motion to transfer venue to the Northern District of Georgia. Plaintiffs filed their opposition to defendant's motion on September 8, 2010, and defendant filed its reply on September 23, 2010. On October 1, 2010, the Court conducted oral argument on the motion. This motion is fully submitted.
Under 28 U.S.C. § 1404(a), "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought." Section 1404(a) is intended "to prevent waste of time, energy and money and to protect litigants, witnesses and [the] public against unnecessary inconvenience and expense." MasterCard Int'l Inc. v. Lexcel Solutions, Inc., No. 03 Civ. 7157(WHP), 2004 WL 1368299, at *5 (S.D.N.Y. June 16, 2004) (internal quotation marks and citation omitted). "District courts have broad discretion in making determinations of convenience under Section 1404(a) and notions of convenience and fairness are considered on a case-by-case basis." D.H. Blair & Co., Inc. v. Gottdiener, 462 F.3d 95, 106 (2d Cir.2006); accord Publicker Indus. Inc. v. United States (In re Cuyahoga Equip. Corp.), 980 F.2d 110, 116-17 (2d Cir.1992). In determining whether to transfer venue, courts examine: (1) whether the action could have been brought in the proposed forum, and (2) whether the transfer would "promote the convenience of parties and witnesses and would be in the interests of justice." Clarendon Nat'l Ins. Co. v. Pascual, No. 99 Civ. 10840(JGK)(AJP), 2000 WL 270862, at *2 (S.D.N.Y. Mar. 13, 2000) (quoting Coker v. Bank of Am., 984 F.Supp. 757, 764 (S.D.N.Y.1997)) (additional citations omitted).
The parties do not dispute that this action could have been brought in the Northern District of Georgia. Instead, the parties focus on whether transfer would promote the interests of justice and the convenience of the parties. The Second Circuit has summarized some of the factors that a district court is to consider in the exercise of its discretion, including:
D.H. Blair & Co., Inc., 462 F.3d at 106-07 (quoting Albert Fadem Trust v. Duke Energy Corp., 214 F.Supp.2d 341, 343 (S.D.N.Y.2002)). Some courts have identified additional factors, including (1) "the forum's familiarity with governing law," and (2) "trial efficiency and the interest of justice, based on the totality of the circumstances." Glass v. S & M NuTec, LLC, 456 F.Supp.2d 498, 501 (S.D.N.Y.2006); accord In re Hanger Orthopedic Group, Inc. Sec. Litig., 418 F.Supp.2d 164, 167-68 (E.D.N.Y.2006); see also Dealtime.com Ltd. v. McNulty, 123 F.Supp.2d 750, 755 (S.D.N.Y.2000) (collecting cases).
There is no strict formula for the application of these factors, and no single factor is determinative. See, e.g., Hilti Aktiengesellschaft v. Milwaukee Elec. Tool Corp., No. 04 Civ. 629(ARR)(ASC), 2004 WL 1812821, at *4 (E.D.N.Y. July 19, 2004);
It is well settled that the plaintiff's choice of forum is "given great weight." D.H. Blair & Co., Inc., 462 F.3d at 107 (citation omitted). Thus, "[a] plaintiff's choice of venue is entitled to significant consideration and will not be disturbed unless other factors weigh strongly in favor of transfer." Royal Ins. Co. of Am. v. United States, 998 F.Supp. 351, 353 (S.D.N.Y.1998) (citations omitted). However, courts have noted that the weight given to this factor is diminished where (1) the operative facts have "little or no connection" with the forum chosen by the plaintiff, Stein v. Microelectronic Packaging, Inc., No. 98 Civ. 8952(MBM), 1999 WL 540443, at *8 (S.D.N.Y.1999) (citation omitted),
In the instant case, named plaintiffs reside either in the Northern District of New York or the Eastern District of North Carolina, but not in the Eastern District of New York. Moreover, as discussed infra, the operative facts in this lawsuit have no connection to the Eastern District of New York. Finally, as plaintiffs acknowledge, Gentiva operates branch offices in at least 39 states (see Pls.' Opp. at 14), which means that members of the
In deciding whether to disturb a plaintiff's choice of forum, the convenience of the witnesses is generally the most important factor in the transfer analysis. See, e.g., DLJ Mort. Capital, Inc. v. Cameron Fin. Group, Inc., No. 07 Civ. 3746(LAP), 2007 WL 4325893, at *5 (S.D.N.Y. Dec. 4, 2007) ("[T]he convenience of witnesses is typically the most important factor in a motion pursuant to § 1404(a) ...."); Neil Bros. Ltd. v. World Wide Lines, Inc., 425 F.Supp.2d 325, 329 (E.D.N.Y.2006) ("The convenience of the witnesses is probably the single most important factor in the transfer analysis."); Wagner, 502 F.Supp.2d at 315 ("[T]he convenience of both party and non-party witnesses is probably the single-most important factor in the analysis of whether transfer should be granted." (internal quotation marks and citation omitted)); Viacom Int'l, Inc. v. Melvin Simon Prods., Inc., 774 F.Supp. 858, 868 (S.D.N.Y.1991) ("The core determination under § 1404(a) is the center of gravity of the litigation, a key test of which is the convenience of witnesses. Courts routinely transfer cases when the principal events occurred, and the principal witnesses are located, in another district." (citations omitted)). Generally, as defendant has done in the instant case, the moving party submits an affidavit that both explains why the transferee forum is more convenient and includes "the potential principal witnesses expected to be called and a general statement of the substance of their testimony." Laumann Mfg. Corp. v. Castings USA Inc., 913 F.Supp. 712, 720 (E.D.N.Y.1996) (internal quotation marks and citation omitted).
Here, defendant has submitted declarations from three Gentiva employees whom the Company believes are likely to be called as witnesses in this action. Specifically, defendant has provided declarations from Kathleen Shanahan, Vice President of Human Resources, and John Karr, Vice President of Compensation and Benefits, both of whom are based in Atlanta, Georgia, as well as Marlene Harrell, a Regional Director for Human Resources who is based in Alabama.
Plaintiffs, however, provide the names of seven witnesses who purportedly reside in or near the Eastern District of New York and could provide relevant testimony for plaintiffs' case: John Potapchuck ("Potapchuck"), Special Advisor to Gentiva's Chief Financial Officer; Bob Creamer ("Creamer"), former Senior Vice President of Home Health Care Operations; Dan Walker ("Walker"), Vice President for Gentiva's New York, Connecticut, and Massachusetts Region; Michelle Rosenblum ("Rosenblum"), Area Vice President for New York; Sue Ellen Stewart ("Stewart"), former Area Vice President for New York; Sharon Del Favero ("Del Favero"), former Regional Director of Clinic Operations for New York, among other states; Bruce Reardon, Regional Human Resources Director for the region encompassing New York; and Mary Morrisey-Gabriel ("Morrisey-Gabriel"), former Chief Sales and Marketing Officer.
In any event, even if some of plaintiffs' witnesses reside in the Eastern District of New York, the Court is doubtful that these witnesses will provide more material testimony than the witnesses located in the Northern District of Georgia. Courts in the Second Circuit have recognized that "it is the nature of the testimony and not the number of prospective witnesses on each side that is important" when assessing the convenience of potential witnesses. Elec. Workers Pension Fund, Local 103, 2007 WL 2068107, at *4 (internal quotation marks and citation omitted); see also Millennium, L.P. v. Hyland Software, Inc., No. 03-cv-3900 (DC), 2003 WL 22928644, at *3 (S.D.N.Y. Dec. 10, 2003) ("When weighing the convenience of the witnesses, courts must consider the materiality, nature, and quality of each witness, not merely the number of witnesses in each district."). Regarding several witnesses, plaintiffs quote the job descriptions that appeared for these individuals in Gentiva's United States Securities and Exchange Commission Form 8-K filed on February 3, 2006 ("Gentiva's Feb. 2006 Form 8-K"), but they fail to connect these descriptions to the relevant testimony that these witnesses would provide. For example, although Gentiva's February 2006 Form 8-K stated that Bob Creamer "oversaw Gentiva's day-to-day home healthcare operations and worked with the field leadership team to ensure that the extensive branch network was moving in the proper strategic direction" (Pls.' Opp. at 9 (citing Gentiva's Feb. 2006 Form 8-K at 20)), these job responsibilities do not necessitate the conclusion that Creamer could testify to Gentiva's compensation policies and transition to the pay-per-visit scheme. Similarly, Morrisey-Gabriel's position overseeing sales and marketing initiatives (id. at 13), has little, if anything, to do with how Gentiva sets employee compensation. Likewise, although Potapchuck formerly served as Gentiva's Chief Financial Officer (see Gentiva's Feb. 2006 Form 8-K at 19), the testimony that plaintiffs claim Potapchuck would give regarding why Gentiva had many more non-salaried than salaried employees (Pls.' Opp. at 9) is not clearly relevant to the issue of Gentiva's compensation practices. Most important, all three of these witnesses have stated in declarations submitted to this Court that they were not involved in the creation, implementation, or administration of Gentiva's pay-per-visit compensation scheme (Sept. 20, 2010 Declaration of John Potapchuck ¶ 3; Sept. 21, 2010 Declaration of Bob Creamer ¶ 8; Sept. 22, 2010 Declaration of Mary Morrisey-Gabriel ¶ 5) and therefore they could not provide relevant testimony on this issue.
The testimony that plaintiffs claim their remaining witnesses would provide mainly concerns either the day-to-day operations of branches in New York State or the implementation of the PPV system within the New York region. (See Pls.' Opp. at 9-13.) Plaintiffs' case, however, does not focus on the operations of specific branches within a particular region, but instead is based upon the allegation that defendant Gentiva has a "corporate policy" of
Indeed, transfer is particularly appropriate in this case, because, even if witnesses with some relevant knowledge reside here, there is no evidence that any of the operative facts in this case occurred in the Eastern District of New York. In particular, as discussed infra, none of the named plaintiffs worked in the Eastern District of New York and the declarations provided by defendant indicate that the PPV compensation scheme was developed and implemented
Plaintiffs also oppose defendant's motion to transfer on the ground that Gentiva has represented to various states, including New York, that its principal executive office is in Melville, New York. (See Pls.'s Opp. at 1, 4, 14, 17, 21.) The Court finds this argument to be similarly unpersuasive. As an initial matter, defendants note that the lease on the remaining Melville office space expired as of August 31, 2010. (Irish Decl. ¶ 10.) Moreover, not only is there no evidence that key events occurred in Melville, but defendants also note that there are only approximately a dozen employees working in the Melville office, most of whom are "non-managerial staff in the company's Contracts department." (Id.; Karr Decl. ¶ 8.) Thus, the mere fact that Gentiva listed its Melville address on certain forms does not make this District convenient for relevant witnesses in this litigation. See Farrior, 2009 WL 113774, at *6 n. 4 ("The fact that [defendant's] headquarters was in New York in the past... does not mean that, where defendants have moved their headquarters and the other relevant factors favor transfer, this link to this District should preclude transfer. Similarly, the current presence of defendants' employees in New York, who are unrelated to the issues in this lawsuit, is also insufficient to override the other factors strongly supporting transfer.").
Finally, although plaintiffs are also seeking to bring this as a "collective action" under the FLSA (see Compl. ¶¶ 76-83), which would potentially involve plaintiffs and witnesses all across the country,
In sum, the "convenience of the witnesses" factor clearly favors transfer of this case to the Northern District of Georgia, where Gentiva's headquarters are located and most of the material witnesses reside.
With respect to the location of documents, records related to the management of both human resources and compensation are available in paper format only and are stored at Gentiva's Atlanta location. (Shanahan Decl. ¶ 14; Karr Decl. ¶ 12.) Additionally, both Vice President Shanahan and Vice President Karr noted that "any centralized collection and review of Gentiva['s] time records would need to be
Nevertheless, the Court does not view this factor as particularly significant given the technological age in which we live, where there is widespread use of, among other things, electronic document production. See, e.g., Am. S.S. Owners Mut. Prot. & Indem. Ass'n, Inc. v. Lafarge N. Am., Inc., 474 F.Supp.2d 474, 484 (S.D.N.Y.2007) ("The location of relevant documents is largely a neutral factor in today's world of faxing, scanning, and emailing documents."); Distefano v. Carozzi N. Am., Inc., No. 98 Civ. 7137(SJ), 2002 WL 31640476, at *4 (E.D.N.Y. Nov. 16, 2002) ("Although the location of relevant documents is entitled to some weight when determining whether a case should be transferred, modern photocopying technology deprives this issue of practical or legal weight." (internal citations omitted)).
In terms of the convenience of the parties, the Court recognizes that "`[w]here transfer would merely shift the inconvenience from one party to the other,' the Court should leave plaintiff's choice of venue undisturbed." See Wagner, 502 F.Supp.2d at 316 (quoting Wilshire Credit Corp. v. Barrett Capital Mgmt. Corp., 976 F.Supp. 174, 182 (W.D.N.Y.1997)); accord Schieffelin & Co. v. Jack Co. of Boca, Inc., 725 F.Supp. 1314, 1322 (S.D.N.Y.1989). However, "transfer of venue may be appropriate where inconvenience for the party moving for transfer could be completely eliminated without substantially adding to the nonmoving party's inconvenience." Frame v. Whole Foods Mkt., Inc., No. 06 Civ. 7058(DAB), 2007 WL 2815613, at *6 (S.D.N.Y. Sept. 24, 2007).
In the instant case, transfer of the case would not shift the inconvenience to the plaintiffs; rather, transfer will result in little, if any, additional inconvenience to plaintiffs, while at the same time making the forum substantially more convenient for defendants.
Plaintiffs Rindfleisch, Melendez, and Gentile argue, however, that the Eastern District of New York is a more convenient location for them than the Northern District of Georgia. Specifically, these plaintiffs claim that they can either drive to this District within three and one-half hours or fly within 45 minutes, and that either such mode of transportation would avoid "subject[ing] [plaintiffs] to flight delays that could require more than one overnight stay in Atlanta, Georgia." (Rindfleisch Decl. ¶ 18; Melendez Decl. ¶ 18; Gentile Decl. ¶ 17.) As an initial matter, the Court disagrees that plaintiffs would be able to drive from Auburn, New York to Central Islip, New York in approximately three and one-half hours. The Court takes judicial notice of the fact that Auburn is approximately 300 miles away from Central Islip, and that the estimated driving time from Auburn to Central Islip is approximately five and one-half hours.
Therefore, in the instant case, the "convenience of the party" factor weighs strongly in favor of transfer.
There is no evidence that any of the facts relevant to this action are connected to this District. As an initial matter, it is undisputed that none of the named plaintiffs worked in the Eastern District of
Moreover, other than plaintiffs' conclusory allegations, there is no evidence that defendant's relevant conduct—namely, the formulation of Gentiva's pay-per-visit compensation scheme—occurred in this District. Instead, the evidence persuasively outlined by defendant demonstrates that "the Company's Human Relations leadership in Atlanta, including current Gentiva Vice President for Human Resources Kathleen Shanahan, was largely responsible for directing Gentiva's transition to a pay-per-visit compensation plan." (Karr Decl. ¶ 20.) Shanahan explained that "[k]ey documents and primary strategic planning relating to the pay-per-visit system were created by Gentiva executives in Atlanta, in Tampa, Florida, and in Overland Park, Kansas," and that "[n]o such documents or planning arose from Gentiva's Melville, New York operations." (Shanahan Decl. ¶ 16.)
Therefore, this factor favors transfer because none of the operative facts regarding plaintiffs' conduct occurred in this District, and at least some of the operative facts concerning defendant's corporate decision-making took place in Atlanta, Georgia. Accordingly, comparing the Northern District of Georgia against the current forum, the "location of operative facts" favors transfer.
Rules 45(b)(2) and 45(c)(3)(A)(ii) of the Federal Rules of Civil Procedure prohibit a subpoena from directing a witness to travel more than 100 miles. See Fed. R.Civ.P. 45. There is no indication that any non-party witnesses would refuse to appear, and, thus, this factor is neutral.
"Where a disparity exists between the means of the parties, such as in the case of an individual suing a large corporation, the court may consider the relative means of the parties in determining where a case should proceed." 800-Flowers, Inc. v. Intercont'l Florist, Inc., 860 F.Supp. 128, 135 (S.D.N.Y.1994); see also Dwyer v. Gen. Motors Corp., 853 F.Supp. 690, 693-94 (S.D.N.Y.1994) (denying transfer where, inter alia, "[p]laintiffs are individuals who are suing a large corporation which possesses considerably greater financial assets").
In the instant case, the Court finds that the "relative means of the parties" factor is not especially significant. Other than conclusory allegations in the declarations of plaintiffs Rindfleisch, Melendez, and Gentile, plaintiffs have not produced documentation showing that litigating the case in Georgia—as compared to New York—would be prohibitively expensive. Cf. Quan v. Computer Scis. Corp., Nos. CV 06-3927(CBA)(JO), CV 06-5100(CBA)(JO), 2008 WL 89679, at *7 (E.D.N.Y. Jan. 7, 2008) ("Absent any information demonstrating that the plaintiffs would be financially prejudiced by having to litigate in California, this factor adds nothing to my analysis."); Neil Bros. Ltd., 425 F.Supp.2d
With respect to the forum's familiarity with the governing law, the Court finds that this factor weighs marginally in favor of plaintiffs' choice of forum. As an initial matter, the Court assumes that this District and the Northern District of Georgia are equally familiar with, and capable of applying, the legal principles necessary to adjudicate plaintiffs' federal FLSA claims. See Farrior, 2009 WL 113774, at *8 n. 6 (noting that either federal district court in question had necessary expertise to evaluate federal FLSA claim); Earley, 2007 WL 1624757, at *3 ("[A]ny district would be presumed to have expertise in adjudicating Plaintiff's FLSA claims."); cf. Neil Brothers Ltd., 425 F.Supp.2d at 333 ("Where, as here, the law to be applied is federal patent law, the factor is neutral."). Accordingly, to the extent that plaintiffs' case is based upon the FLSA, this factor is neutral.
Plaintiffs, however, also assert claims pursuant to New York Labor Law. Generally, when state law questions are raised, "the forum's familiarity with governing law supports retention of the action." ESPN, Inc. v. Quiksilver, Inc., 581 F.Supp.2d 542, 551 (S.D.N.Y.2008) (internal quotation marks omitted). Nevertheless, this factor "is to be accorded little weight on a motion to transfer venue because federal courts are deemed capable of applying the substantive law of other states," Prudential Sec. Inc. v. Norcom Dev., Inc., No. 97 Civ. 6308(DC), 1998 WL 397889, at *6 (S.D.N.Y. July 16, 1998), particularly "where no complex questions of foreign law are involved." JP Morgan Chase Bank, N.A. v. Coleman-Toll Ltd. P'ship, Nos. 08 Civ. 10571(RJS), 08 Civ. 10572(RJS), 08 Civ. 10573(RJS), 08 Civ. 10574(RJS), 08 Civ. 10582(RJS), 08 Civ. 10583(RJS), 2009 WL 1457158, at *9 n. 6 (S.D.N.Y. May 26, 2009) (internal quotation marks omitted); see also Posven, C.A. v. Liberty Mut. Ins. Co., 303 F.Supp.2d 391, 405 (S.D.N.Y.2004) ("A forum's familiarity with the governing law ... is one of the least important factors in determining a motion to transfer, especially where no complex questions of foreign law are involved."). Indeed, "[p]laintiffs fail to recognize that federal courts commonly apply state substantive law, which may not be the law of the state in which the federal court sits." Kwik Goal, Ltd. v. Youth Sports Publ'g, Inc., No. 06 Civ.395 (HB), 2006 WL 1517598, at *4 (S.D.N.Y. May 31, 2006) (affording factor little weight and holding factor was "at best" neutral, even though plaintiffs asserted two state law claims). Insofar as plaintiffs' labor law claims do not raise any novel or complex issues of state law, the Court does not view this factor as significant.
With respect to the relative docket conditions of the two districts in question, the Court does not view this factor as significant in this case. The Court is fully capable of adjudicating plaintiffs' claims in a timely manner, and there is no indication that the situation in the Northern District of Georgia would be any different.
Similarly, the Court does not find any basis to conclude that "the interests of justice" factor—a separate component of the § 1404(a) analysis—weighs against transfer. Instead, the Court finds that such interests support transfer under the totality of circumstances outlined herein.
In sum, the deference that typically would be owed to plaintiffs' choice of forum is significantly diminished in this case because plaintiffs do not reside in this District and this District has little or no connection to the operative facts in this case. Moreover, any deference owed to plaintiffs' choice of forum is substantially outweighed by the other factors favoring transfer, including the fact that the witnesses who can provide the most material testimony in this case reside in the Northern District of Georgia. Thus, considering all of the § 1404(a) factors as applied to this case, defendants have met their burden and transfer is appropriate.
This Court's conclusion is consistent with a number of other courts who have concluded in potential collective or class action FLSA cases that transfer to another district was appropriate where the current plaintiffs or operative facts had little connection to the transferor district. See, e.g., Earley, 2007 WL 1624757, at *3-4 (transferring FLSA lawsuit to District of Massachusetts, which was the location of defendant's corporate headquarters); Freeman v. Hoffmann-La Roche Inc., No. 06 Civ. 13497(RMB)(RLE), 2007 WL 895282, at *4 (S.D.N.Y. March 21, 2007) (transferring FLSA lawsuit to District of New Jersey where plaintiffs did not reside in New York, operative facts and events did not occur in New York, and "the center of gravity" of the litigation was New Jersey) (internal quotation marks and citation omitted); Montgomery v. Tap Enters., Inc., No. 06 Civ. 5799(HB), 2007 WL 576128, at *5 (S.D.N.Y. Feb. 26, 2007), (transferring FLSA lawsuit to Western District of Missouri where, among other things, "Plaintiffs have chosen a foreign forum, and the lawsuit bears little relation to New York").
Accordingly, after carefully considering the parties' submissions and the applicable law, the Court concludes in its discretion that the defendant has met its burden and demonstrated that the above-referenced factors, as well as the totality of the circumstances and the interests of justice, warrant transfer of this action to the Northern District of Georgia.
For the reasons set forth above, defendant's motion to transfer is granted. The Clerk of this Court shall transfer this case to the United States District Court for the Northern District of Georgia, pursuant to 28 U.S.C. § 1404(a).
SO ORDERED.