LAURA TAYLOR SWAIN, District Judge.
Before the Court is a motion brought by Defendants Citigroup, Inc. ("Citi") and Judge Technical Services, Inc. ("Judge" and, collectively, "Defendants"), seeking an order, pursuant to 28 U.S.C. § 1404(a), transferring this putative nationwide Fair Labor Standards Act ("FLSA") collective action
The Court has carefully reviewed the parties' submissions. For the following reasons, Defendants' motion to transfer venue is granted.
Citi is a Delaware corporation headquartered in the Southern District of New York and Judge is Delaware corporation headquartered in Pennsylvania. (Am. Compl. ¶¶ 48, 49.) Plaintiff Caroline Alana Lewis-Gursky ("Lewis-Gursky") is a citizen of Florida. (
On July 2, 2015, Defendants moved to transfer this case to the Middle District of Florida. (Docket Entry No. 23.) On July 9, 2015, Plaintiff filed an Amended Complaint, adding a second named Plaintiff, Ruben Chez ("Chez"). (Am. Compl. ¶¶ 28-47.) Chez claims that he had been employed by Defendants from approximately January 2015 to April 2015 and that he had been assigned to work at Citi's office in Jersey City, New Jersey. (
Section 1404(a) of Title 28 of the United States Code permits a district court to transfer any civil action to another district where it might have been brought when such a transfer serves "the convenience of the parties and witnesses, [and is] in the interest of justice." 28 U.S.C.S. § 1404(a) (LexisNexis 2012). "Section 1404(a) proposes a two-part test. First, the transferee district must be one where jurisdiction over the defendant could have been obtained at the time suit was brought, regardless of defendant's consent . . . . Second, the transfer must be in the interest of justice and convenience of the parties and witnesses."
Plaintiffs do not dispute that their claims could have been brought in the Middle District of Florida. Having satisfied this threshold inquiry, the Court looks to the following factors in order to determine whether a transfer of venue is appropriate:
The Second Circuit has recognized that a plaintiff's choice of forum is, as a general rule, "presumptively entitled to substantial deference."
Lewis-Gursky is a citizen of the Middle District of Florida and Chez is a citizen of New Jersey, thus the Southern District of New York is not the home forum of either named plaintiff. (See Am. Compl. ¶¶ 7, 28.) In light of this fact, and because this case is a purported nationwide collective and New Jersey class action, the Court gives Plaintiffs' choice of this New York venue only limited deference. Freeman, 2007 WL 895282, at *4. Moreover, Plaintiffs have not identified a single potential witness located in the Southern District of New York, whereas Defendants have identified multiple potential witnesses located in or near the Middle District of Florida. (See Docket Entry No. 25, Exs. A, B.) In addition, the Citi location at which Lewis-Gursky was employed — and where the overtime hours in this case were allegedly worked — is located in the Middle District of Florida, and relevant documents and sources of proof with respect to Lewis-Gursky's claims are presumably located there as well. Furthermore, Chez was allegedly employed outside of New York State. In the absence of any factual proffer indicating that relevant evidence is likely to be located in this district, Plaintiffs' choice of a New York venue raises an inference of forum shopping. Hix, 2015 WL 1726548, at *1. Indeed, in her Opposition Memorandum, Lewis-Gursky essentially admits as much, arguing that the Southern District of New York represented the best venue in which to file suit because she believes that the case law is favorable to FLSA plaintiffs. (See Pl. Opp. Memo at p. 5.) Each of these considerations weighs in favor of granting Defendants' transfer motion. See Freeman, 2007 WL 895282, at *1
Furthermore, although Lewis-Gursky conclusorily alleges in the Amended Complaint that she was denied overtime pay pursuant to a company-wide Citi policy, she has identified no facts, evidence, or witnesses in support of this claim that are situated in the Southern District of New York or anywhere else. Plaintiffs' opposition makes an unelaborated reference to Citi's "corporate" "`Professional Day' and `Professional Week' policies, under which IT workers are [allegedly] denied pay for hours worked over eight in a day and 40 in a week" (see Docket Entry No. 27 ("Pl. Opp. Memo") at p. 5), but neither policy is referred to in the Amended Complaint and Plaintiffs proffer no explanation in their opposition as to the nature or locus of evidence substantiating the relevance of the policies. Thus, the supposed company-wide policy upon which Lewis-Gursky heavily relies does not weigh in favor of deferring to her choice of venue.
The Amended Complaint's addition of a second named plaintiff who lives and worked in New Jersey fails to provide any further nexus to the Southern District of New York. Indeed, Plaintiff's addition of the second plaintiff after the transfer motion practice was initiated is strongly indicative of forum shopping. The Middle District of Florida is just as capable as the Southern District of New York of adjudicating FLSA claims arising from employment in New Jersey. The Middle District of Florida is also equally capable of evaluating any pendent New Jersey state wage and hour law claims.
The Court accordingly finds that the relevant factors weigh in favor of transferring this action to the United States District Court for the Middle District of Florida. The Defendants have demonstrated that the interests of justice and convenience to the parties and witnesses strongly favor transfer of this case to the United States District Court for the Middle District of Florida.
For the foregoing reasons, Defendants' motion to transfer venue is granted. The Clerk of Court is requested to transfer the above-captioned action to the United States District Court for the Middle District of Florida and close this case.
This Memorandum Opinion and Order resolves Docket Entry Number 23.
SO ORDERED.