Figueroa v. Daughtry
3:11-cv-01583
D.P.R.Jun 25, 2012Background
- Plaintiffs are migrant workers from Puerto Rico; defendants operate Alligator River Growers in North Carolina.
- Plaintiffs were recruited in Puerto Rico to work in NC during the 2010 season; they paid their own plane tickets, not reimbursed.
- Plaintiffs worked with local African-American and Mexican crews; the Mexican crews were separated in the fields; harassment alleged against plaintiffs.
- Production tests were imposed on plaintiffs but not on the Mexican crew; speaking with defendant about conditions led to dismissal threats.
- Defendants moved for change of venue; court analyzed 1404 and 1407 transfer theories and weighed convenience, witnesses, and indigence.
- Magistrate Judge recommended denying the change of venue; case to remain in this district.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1404(a) warrants transfer for convenience and justice | PR forum is most convenient; defendants' NC focus burdens plaintiffs. | NC is convenient; witnesses and documents located there; another related action exists in NC. | Change of venue denied under §1404(a). |
| Whether §1407 warrants coordinated transfer for pretrial proceedings | Common questions exist; coordination would aid efficiency. | Change of venue denied under §1407. |
Key Cases Cited
- Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22 (Supreme Court 1988) (district court discretion for §1404(a) transfers; case-by-case analysis)
- Van Dusen v. Barrack, 376 U.S. 612 (Supreme Court 1964) (protects litigants against unnecessary inconvenience)
- Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (Supreme Court 1947) (purpose of transfer to avoid forum shopping and minimize burden)
- Villalobos v. North Carolina Growers Ass'n, Inc., 42 F. Supp. 2d 131 (D. Puerto Rico 1999) (specific personal jurisdiction in PR for AWPA claims against NC employers)
- Bracero v. New Tree Personnel Services, Inc., 441 F. Supp. 2d 358 (D. Puerto Rico 2006) (AWPA-related migrant worker claims; venue considerations in PR)
- Coady v. Ashcraft & Gerel, 223 F.3d 1 (1st Cir. 2000) (first-file rule and burden on choosing forum in transfer analyses)
- Astro-Med, Inc. v. Nihon Kohden America, Inc., 591 F.3d 1 (1st Cir. 2009) (discretionary consideration in §1404 analyses)