Opinion
Nos. 04 CV 00920, 04 CV 01004, 04 CV 01594.
June 16, 2004
OPINION AND ORDER
Defendants Time Warner Inc. ("Time Warner"), America Online, Inc. ("AOL") and Robert W. Pittman (collectively, "Defendants") move the Court, pursuant to 28 U.S.C. § 1404(a), for an order transferring Yasgoor et al. v. AOL Time Warner Inc. et al., No. 04 CV 00920, Patel et al. v. AOL Time Warner Inc. et al., No. 04 CV 01004, and Oliver et al. v. AOL Time Warner Inc. et al., No. 04 CV 01594 (collectively, the "New York Purchase Pro Actions") to the United States District Court for the District of Nevada.
The Court's previous opinions in this and other related cases referred to the entity that was created as a result of the merger between Time Warner, Inc. and America Online, Inc. as AOL Time Warner, Inc. ("AOLTW"). However, because that entity changed its name to Time Warner Inc. in October 2003, the Court will now refer to the merged entity as Time Warner.
Plaintiffs in the New York Purchase Pro Actions are Purchase Pro shareholders who have also filed a class action complaint against Defendants in the District of Nevada (the "Nevada Action"). After a careful evaluation of the complaints and transcripts from the Nevada Action, it is quite clear that the facts underlying the New York and Nevada Actions are identical. Additionally, the Nevada Action has been pending for over three years and the District Court Judge in that case, the Honorable Justin L. Quackenbush, has already, inter alia, appointed a lead plaintiff and considered and decided two motions to dismiss.
Both the New York and Nevada Actions concern the allegedly misstated revenue of Purchase Pro, a Nevada corporation. Presumably, much of the physical evidence in these cases is also located in Nevada.
Section 1404(a) is designed to "prevent waste of time, energy and money and to protect litigants, witnesses, and the public against unnecessary inconvenience and expense." Goggins v. Alliance Capital Mgmt., L.P., 279 F. Supp.2d 228, 232 (S.D.N.Y. 2003). Its command is particularly apt here, where plaintiffs are attempting to simultaneously litigate identical claims in district courts thousands of miles apart. Thus, in accordance with 1404(a) and in the interests of justice, the New York Purchase Pro Actions are hereby transferred to the District Court for the District of Nevada.
SO ORDERED.