Crown v. HCA Healthcare, Inc. ( 2023 )

1 || JosHua M. DICKEY Nevada Bar No. 6621 2 || PAUL C. WILLIAMS Nevada Bar No. 12524 3 | BAILEY“ KENNEDY 8984 Spanish Ridge Avenue 4 | Las Vegas, Nevada 89148-1302 Telephone: 702.562.8820 5 || Facsimile: 702.562.8821 JDickey@BaileyKennedy.com 6 || PWilliams@BaileyKennedy.com Attorneys for Defendant HCA Healthcare, Inc. 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 | ELIZABETH CROWN, individually and on Case No. 2:23-cv-01871 behalf of all others similarly situated, 10 _. STIPULATION TO TRANSFER CASE TO Plaintiff, UNITED STATES DISTRICT COURT 1 FOR THE MIDDLE DISTRICT OF 3 VS. TENNESSEE PURSUANT TO 28 U.S.C. 12 § 1404(a) = HCA HEALTHCARE, INC. and DOES I through 33 13 | 10, inclusive, Z. 14 Defendant. 4 15 16 Plaintiff Elizabeth Crown (‘Plaintiff’) and Defendant HCA Healthcare, Inc. (“HCA”), 17 | collectively the “Parties,” by and through their respective attorneys of record, herein stipulate and 18 | agree as follows and respectfully request that the Court grant the proposed order to transfer this case 19 | to the U.S. District Court for the Middle District of Tennessee: 20 1. On September 15, 2023, Plaintiff filed a putative class action complaint 21 | (“Complaint”) against HCA in the Clark County District Court in the State of Nevada. 22 2. On October 23, 2023, Plaintiff filed the Waiver of Service executed by HCA. 23 3. On the date of filing this Stipulation to Transfer, HCA removed the action to this 24 | Court. 25 4. 28 U.S.C. § 1404(a) provides: “For the convenience of parties and witnesses, in the 26 | interest of justice, a district court may transfer any civil action to any other district or division where 27 | it might have been brought.” 28 5. Courts may consider numerous factors in determining whether venue should be Page 1 of 4 1 | transferred under 28 U.S.C. § 1404(a), including: “(1) the location where the relevant agreements 2 || were negotiated and executed, (2) the state that is most familiar with the governing law, (3) the 3 | plaintiffs choice of forum, (4) the respective parties’ contacts with the forum, (5) the contacts 4 | relating to the plaintiff's cause of action in the chosen forum, (6) the differences in the costs of 5 || litigation in the two forums, (7) the availability of compulsory process to compel attendance of 6 | unwilling non-party witnesses, and (8) the ease of access to sources of proof.” See Jones v. GNC 7 || Fran., Inc., 211 F.3d 495, 498-99 (9th Cir. 2000). 8 6. The Parties agree that transfer to the United States District Court for the Middle 9 || District of Tennessee would promote the interests of justice and enhance the convenience to 10 || witnesses, access to relevant documents and sources of proof, availability of process, and trial 11 | efficiency. = 12 7. HCA is incorporated in Tennessee and its principal administrative offices are in 13 || Nashville, Tennessee so the action could have been brought in the Middle District of Tennessee 72 14 | under 28 U.S.C. § 1391(b)(1). 15 8. There are numerous lawsuits involving substantially the same subject matter and 16 || parties pending in the Middle District of Tennessee which have been consolidated as Jn re HCA 17 || Healthcare, Inc. Data Sec. Litig. No. 23-cv-00684. These consolidated cases are currently pending 18 || before the Middle District of Tennessee, and, if transferred, this case can be 19 || consolidated/coordinated for efficiency. See Silvers v. HCA Healthcare, Inc., No. 3:23-cv-00684 20 | (M.D. Tenn. filed July 12, 2023); Crossman v. HCA Healthcare, Inc., No. 3:23-cv-00688 (M.D. 21 | Tenn. filed July 12, 2023); Aragon v. HCA Healthcare, Inc., No. 3:23-cv-00696 (M.D. Tenn. filed 22 || July 14, 2023); Rubenfeld v. HCA Healthcare, Inc., No. 3:23-cv-00698 (M.D. Tenn. filed July 14, 23 | 2023); Sandstrom v. HCA Healthcare, Inc., No. 3:23-cv-00707 (M.D. Tenn. filed July 17, 2023); 24 || Delapaz v. HCA Healthcare, Inc., No. 3:23-cv-00718 (M.D. Tenn. filed July 18, 2023); Abramovic 25 || v. HCA Healthcare, Inc., No. 3-23-cv-00719 (M.D. Tenn. filed July 19, 2023); Bowers v. HCA 26 || Healthcare, Inc., No. 3:23-cv-00722 (M.D. Tenn. filed July 19, 2023); Coats v. HCA Healthcare, 27 || Inc., No. 3:23-cv-00723 (M.D. Tenn. filed July 20, 2023); Coleman v. HCA Healthcare, Inc., No. 28 || 3:23-cv-00724 (M.D. Tenn. filed July 20, 2023); Wallace v. HCA Healthcare, Inc., No. 3:23-cv- Page 2 of 4 1 | 00738 (M.D. Tenn. filed July 21, 2023); Haves v. HCA Healthcare, Inc., No. 3:23-cv-00740 (M.D. 2 | Tenn. filed July 24, 2023); Nelson v. HCA Healthcare, Inc., No. 3:23-cv-00744 (M.D. Tenn. filed 3 | July 25, 2023); Walker v. HCA Healthcare, Inc., No. 3:23-cv-00748 (M.D. Tenn. filed July 25, 4 | 2023); Simon v. HCA Healthcare, Inc., No. 3:23-cv-00774 (M.D. Tenn. filed July 28, 2023); 5 || Dekenipp v. HCA Healthcare, Inc., No. 3:23-cv-00785 (M.D. Tenn. filed July 31, 2023); Hudson v. 6 | HCA Healthcare, Inc., 3:23-cv-00789 (M.D. Tenn. filed Aug. 1, 2023); Hinds v. HCA Healthcare, 7 || Inc., No. 3:23-cv-00794 (M.D. Tenn. filed Aug. 2, 2023); Bonecutter v. HCA Healthcare, Inc., No. 8 || 3:23-cv-00812 (M.D. Tenn. filed Aug. 4, 2023); Glascock v. HCA Healthcare, Inc., No. 3:23-cv- 9 | 00822 (M.D. Tenn. filed Aug, 7, 2023); □□□ v. HCA Healthcare, Inc., No. 3:23-cv-00835 (M.D. 10 | Tenn. filed Aug. 9, 2023); Hahn v. HCA Healthcare, Inc., No. 3:23-cv-00874 (M.D. Tenn. filed 11 | Aug. 18, 2023); Sperling v. HCA Healthcare, Inc., No. 3:23-cv-00902 (M.D. Tenn. filed Aug. 24, = 12 | 2023) 13 9. The Parties agree that transfer to the Middle District of Tennessee is appropriate 72 14 | pursuant to the first-filed doctrine and 28 U.S.C. § 1404(a). See, e.g., Dang v. TEOCO Corp. Grp. 15. || Benefit Plan, 2023 WL 5925890, at *1 (9th Cir. Sept. 12, 2023). 16 Additionally, this case is at its preliminary stages—Defendants have not filed a 17 | responsive pleading, no discovery has been conducted, and there are no motions or other 18 | proceedings pending at this time. 19 11. This request to transfer venue is not made for purposes of delay or any other improper 20 || reason. 21 || DATED this 9th day of November, 2023. DATED this 9th day of November, 2023. 22 KIND LAW BAILEY “* KENNEDY 23 || By:_/s/Michael Kind By:_/s/ Joshua M. Dickey MICHAEL KIND JOSHUA M. DICKEY 24 Nev. Bar No. 13903 PAUL C. WILLIAMS 25 bas Veeas NV 39133 Parkway, Suite 106 Attorneys for Defendant HCA Healthcare, Inc (702) 337-2322 26 mk@kindlaw.com Attorney for Elizabeth Crown, individually and 27 | on behalf of all others similarly situated 28 Page 3 of 4 1 ORDER 2 IT ISSO ORDERED. This action is hereby transferred to the United States District Court 3 | for the Middle District of Tennessee. 4 5 4 UNITED STATES DISTRICT JUDGE 8 DATED: November 16, 2023 9 10 1] = 12 14 2 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 4 of 4