Dilts v. Wells Fargo Bank, N.A.
5:16-cv-00453
M.D. Fla.Dec 20, 2016Background
- Plaintiffs Adam and Rachel Dilts filed suit in the Middle District of Florida alleging violations of the TCPA, FCCPA, and FCRA based on Wells Fargo’s post-foreclosure collection calls, letters, and credit reporting.
- The underlying mortgage and foreclosure judgment relate to property in Salem, Oregon; Plaintiffs contend the foreclosure extinguished their interest under Oregon law.
- Plaintiffs allege the challenged collection calls and communications occurred while they lived in Marion County, Florida between June 2014 and July 2016; they moved to Oregon temporarily in July 2016.
- Wells Fargo moved (renewed) to transfer the case to the District of Oregon under 28 U.S.C. § 1404(a), conceding Oregon would be a proper venue because the defendant is subject to personal jurisdiction there.
- The magistrate judge treated the filing as a renewed motion to transfer and evaluated the § 1404(a) factors, ultimately recommending denial because Wells Fargo failed to show transfer was clearly warranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether action "might have been brought" in District of Oregon | N/A (focus on opposing transfer) | Oregon is a proper transferee forum because Wells Fargo is subject to personal jurisdiction there | Held: Yes — case could have been brought in Oregon under § 1404(a) because defendant "resides" there for venue purposes |
| Whether plaintiff's chosen forum (M.D. Fla.) should be disturbed | Plaintiffs insist the collection conduct and harm occurred in Middle District of Florida while they lived there | Transfer appropriate because Plaintiffs now reside in Oregon and key property/foreclosure are in Oregon | Held: Plaintiffs' forum choice not clearly outweighed; deference appropriate despite current residence in Oregon |
| Locus of operative facts | Dilts: wrongful collection calls, communications, and credit reporting occurred in Florida and caused harm there | Wells Fargo: underlying foreclosure and property in Oregon are central events | Held: Locus of operative facts favors Florida — foreclosure was causally related but not the wrongful act giving rise to claims |
| Convenience of parties and witnesses / documents | Plaintiffs: Florida is convenient; key wrongful acts occurred there; relevant documents largely electronic | Wells Fargo: Oregon is more convenient given property/foreclosure records and Plaintiffs’ current residence | Held: Neutral or favors Florida — witnesses and documents available electronically; Wells Fargo failed to show meaningful convenience advantage for Oregon |
| Familiarity with governing law and trial efficiency | Plaintiffs: Florida court can adjudicate federal claims and apply any needed Oregon law; forum familiar with Florida statute (FCCPA) | Wells Fargo: Oregon court may be better to interpret Oregon foreclosure law and property issues; docket considerations favor transfer | Held: Neutral — both courts handle federal law; district court presumed more familiar with Florida law but transfer not warranted on efficiency grounds |
Key Cases Cited
- Manuel v. Convergys Corp., 430 F.3d 1132 (11th Cir. 2005) (enumerates § 1404(a) factors)
- Robinson v. Giarmarco & Bill, P.C., 74 F.3d 253 (11th Cir. 1996) (plaintiff's choice of forum should not be disturbed absent clear countervailing considerations)
- Jenkins Brick Co. v. Bremer, 321 F.3d 1366 (11th Cir. 2003) (events that are merely causally related but not wrongful do not shift locus of operative facts)
- Woodke v. Dahm, 70 F.3d 983 (8th Cir. 1995) (manufacturing/related acts that are not themselves wrongful have insubstantial connection to venue)
- In re Ricoh Corp., 870 F.2d 570 (11th Cir. 1989) (burden on movant to show transferee forum is clearly more convenient)