Laskaris v. Fifth Third Bank
Laskaris v. Fifth Third Bank
Opinion of the Court
THIS MATTER comes before the Court upon Defendant’s Motion to Dismiss or Transfer Venue to the Southern District of Ohio (DE # 10), filed April 1, 2013. For the reasons discussed below, the Court, being briefed on the matter,
On February 12, 2013, Plaintiffs Lori Laskaris and Daniel Laskaris filed a putative class-action lawsuit against Defendant Fifth Third Bank, alleging that Defendant’s Early Access Program overcharged customers. The two-count Complaint (DE # 1) alleged claims for usury (Count I) and breach of contract (Count II) and sought to represent all similarly situated persons. Previously, on August 3, 2012, William Klopfenstein and Adam McKinney filed a putative class-action complaint similarly alleging that Fifth Third Bank overcharged customers of its Early Access Program, amount to, inter alia, breach of contract and usury. Klopfenstein v. Fifth Third Bank, No. 1:12-cv-00851 (S.D.Ohio).
In the interest of justice, a district court may transfer a case to another district or division in which the action may have been brought. 28 U.S.C. § 1404(a). In determining whether to transfer venue, courts may consider a variety of factors, including “(1) the convenience of the witnesses; (2) the location of relevant documents and the relative ease of access to sources of proof; (3) the convenience of the parties; (4) the locus of operative facts; (5) the availability of process to compel the attendance of unwilling witnesses; (6) the relative means of the parties; (7) a forum’s familiarity with the governing law; (8) the weight accorded a plaintiffs choice of forum; and (9) trial efficiency and the interests of justice, based on the totality of the circumstances.” Manuel v. Convergys Corp., 430 F.3d 1132, 1135 n. 1 (11th Cir. 2005).
A case also may be dismissed or transferred to the district in which a substantially related action was filed first. “The ‘first-to-file rule’ developed as a doctrine of federal comity. Competing lawsuits involving the same parties and the same issues in separate jurisdictions waste judicial resources and can lead to conflicting results.” In re Checking Account Overdraft Litig., 859 F.Supp.2d 1313, 1324 (S.D.Fla. 2012). The Eleventh Circuit follows the first-to-file rule, and “[w]here two actions involving overlapping issues and
The Court need not address Defendant’s argument for transfer pursuant to 28 U.S.C. § 1404 because application of the first-to-file rule is dispositive.
Accordingly, after careful consideration and the Court being otherwise fully advised, it is ORDERED, ADJUDGED, and DECREED that Defendant’s Motion to Dismiss or Transfer Venue to the Southern District of Ohio (DE # 10) be, and is hereby, GRANTED in part. Venue in the above-styled action is hereby TRANSFERRED to the Southern District of Ohio. The Clerk of the Southern District of Florida shall CLOSE this case, and all pending motions are DENIED as moot.
DONE AND ORDERED in Chambers at the James Lawrence King Federal Justice Building and United States Courthouse, Miami, Florida, this 13th day of May, 2013.
. Plaintiffs filed a Response (DE #16) on April 18, 2013. Defendant filed a Reply (DE # 19) on May 6, 2013.
. A copy of the Klopfenstein complaint is attached to Defendant's Motion as Exhibit A. (DE # 10-1). The amended complaint in Klopfenstein was attached as Exhibit B. (DE # 10-2).
. The Court, however, notes that Judge Christopher Boyko of the Northern District of Ohio found good cause to transfer venue under section 1404 to the Southern District of Ohio. Klopfenstein v. Fifth Third Bank, No. 1:12cv2007, 2012 WL 5378727 (N.D.Ohio Oct. 31, 2012).
Reference
- Full Case Name
- Lori LASKARIS v. FIFTH THIRD BANK
- Cited By
- 6 cases
- Status
- Published