Katrina O'Connor v. RealPage, Inc.
1:21-cv-06846
N.D. Ill.May 11, 2022Background
- Plaintiff Katrina O'Connor (Chicago) sued RealPage, Inc., alleging violation of the Fair Credit Reporting Act §1681e(b) for failing to ensure maximum possible accuracy of tenant screening reports that included sealed/dismissed eviction information.
- In Nov. 2019 RealPage prepared and sold a tenant screening report about O'Connor to SKY55/Brookfield in Chicago that reported a sealed Cook County eviction; SKY55 denied her application.
- O'Connor disputed the report; RealPage later removed the disputed information. O'Connor seeks class treatment (nationwide and proposed Illinois/Cook County subclasses).
- RealPage is a Delaware corporation with principal place of business in Texas; it says servers and the Operations Team that prepare/deliver reports are in Richardson, Texas; it also has an Illinois office and employees.
- Case removed to federal court on diversity; after the court entered a discovery schedule, RealPage moved to transfer the case to the Northern District of Texas under 28 U.S.C. §1404(a).
- The district court denied the transfer motion, finding RealPage failed to show the transferee forum was "clearly more convenient."
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1404(a) transfer to N.D. Tex. is appropriate | O'Connor chose her home forum; Illinois is where she was injured and where the challenged report was used | RealPage: operations and key witnesses/servers are in Texas so Texas is more convenient | Denied — RealPage failed to show transferee district is clearly more convenient |
| Deference to plaintiff's choice of forum | Home-forum choice entitled to significant deference; proposed subclasses include many Illinois residents | As putative nationwide class rep, O'Connor's forum choice merits little weight | Court gives significant deference to plaintiff's home-forum choice |
| Convenience of parties/witnesses and access to proof | Court and plaintiff emphasize remote depositions and electronic production reduce travel burden; key third‑party witnesses (Cook County recordkeepers) are in Illinois | RealPage: its key witnesses and servers are in Texas; transfer reduces employee travel and simplifies production of PII | Convenience factor neutral-to-slightly favors plaintiff; video discovery and electronic records mitigate RealPage's burden |
| Public-interest factors (docket speed, familiarity with law, relation to forum) | FCRA is federal law equally familiar to both districts; Illinois has a discernable relationship to the dispute | RealPage emphasizes faster median time-to-trial in N.D. Tex. | Neutral — docket statistics and law familiarity do not justify transfer; agreed schedule made time-to-trial differences irrelevant |
Key Cases Cited
- Coffey v. Van Dorn Iron Works, 796 F.2d 217 (7th Cir. 1986) (burden on movant to show transferee forum is clearly more convenient)
- Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (U.S. 1947) (plaintiff's forum choice entitled to substantial deference)
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (U.S. 1981) (home-forum deference principle)
- Research Automation, Inc. v. Schrader-Bridgeport Int'l, Inc., 626 F.3d 973 (7th Cir. 2010) (public-interest transfer factors include docket congestion and relation to community)
- In re Hudson, 710 F.3d 716 (7th Cir. 2013) (less weight given to travel inconvenience due to modern electronic communication)
- Kjaer Weis v. Kimsaprincess Inc., 296 F. Supp. 3d 926 (N.D. Ill. 2017) (electronic document production reduces significance of access-to-proof factor)
- Sassy, Inc. v. Berry, 406 F. Supp. 2d 874 (N.D. Ill. 2005) (forum deference can be diminished where material events occurred elsewhere)
- Moore v. Motor Coach Indus., Inc., 487 F. Supp. 2d 1003 (N.D. Ill. 2007) (party witness convenience receives less weight than nonparty witness convenience)