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YASGOOR v. AOL TIME WARNER

United States District Court, S.D. New York


June 16, 2004.

SCOTT YASGOOR, individually and on behalf of all others similarly situated, Plaintiffs,
v.
AOL TIME WARNER, INC., AMERICA ON-LINE, INC., ERIC KELLER, DAVID COLBURN, ROBERT W. PITTMAN and MYER BERLOW, Defendants. NIMESH PATEL and STUART SOKOLIN, individually and on behalf of all others similarly situated, Plaintiffs, v. AOL TIME WARNER, INC., AMERICA ON-LINE, INC., ERIC KELLER, DAVID COLBURN, ROBERT W. PITTMAN and MYER BERLOW, Defendants. RICHARD D. OLIVER, STANLEY L. SZUDROWICZ and PATRICIA SZUDROWICZ on behalf of themselves and all others similarly situated, Plaintiffs, v. AOL TIME WARNER, INC., AMERICA ON-LINE, INC., ERIC KELLER, DAVID COLBURN, ROBERT W. PITTMAN and MYER BERLOW, Defendants.

The opinion of the court was delivered by: SHIRLEY KRAM, Senior District Judge

OPINION AND ORDER

Defendants Time Warner Inc. ("Time Warner"),*fn1 America Online, Inc. ("AOL") and Robert W. Pittman (collectively, "Defendants") move the Court, pursuant to 28 U.S.C. ยง 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.

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.*fn2

  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.


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