Cruz v. Pritzker

CourtDistrict Court, C.D. Illinois
DecidedOctober 6, 2021
Docket3:21-cv-03199
StatusUnknown

This text of Cruz v. Pritzker (Cruz v. Pritzker) is published on Counsel Stack Legal Research, covering District Court, C.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cruz v. Pritzker, (C.D. Ill. 2021).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION

ROBERT CRUZ, on behalf of his ) minor child L.C., and SCOT ) JONES, on behalf of his minor ) child D.J., ) ) Plaintiffs, ) ) v. ) ) Case No. 21-cv-03199 JAY R. PRITZKER, in his official ) capacity as Governor, and ) DR. CARMEN I. AYALA, in her ) Official capacity as Director of the) Illinois State Board of Education, ) And OAK LAWN COMMUNITY ) HIGH SCHOOL DISTRICT 229 ) SCHOOL BOARD, ) ) Defendants. )

OPINION AND ORDER

SUE E. MYERSCOUGH, U.S. District Judge: Before the Court is Defendant Oak Lawn Community High School District 229 School Board’s (“School Board”) Motion to Transfer Venue to the Northern District of Illinois pursuant to 28 U.S.C. § 1404. (d/e 6). Defendant School Board has proven that factors of convenience and the interest of justice favor transfer. Therefore, Defendant’s motion is GRANTED. I. BACKGROUND

Plaintiffs Robert Cruz and Scot Jones (“Plaintiffs”) are both residents of Cook County, Illinois, which is located in the Northern District of Illinois. Plaintiffs filed suit on behalf of their minor children on September 2, 2021 against Defendants Governor JB

Pritzker, Director of the Illinois State Board of Education Dr. Carmen Ayala (collectively, the “State Defendants”), and the School Board. See Notice of Removal (d/e 1) Ex. 1. The School Board is

also located in Cook County, Illinois and the Northern District. In their Complaint, Plaintiffs allege the State Defendants as well as the School Board violated their substantive due process rights under

the Constitution and 42 U.S.C. § 1983 in dissemination of certain public health guidelines for schools. Specifically, Plaintiffs allege that Defendant Governor Pritzker exceeded his authority under the

Illinois Emergency Management Agency Act, 20 ILCS 3305 et seq., in issuing Executive Order 2021-18 (“EO 2021-18”).1 EO 2021-18 mandates all public and nonpublic K-12 schools require “the indoor

1 While Plaintiffs have attached an Executive Order to their Complaint, the Court notes that it does not appear to be the correct Executive Order. Executive Order 2021-18, to which Plaintiffs cite, is available at https://www.illinois.gov/government/executive-orders/executive- order.executive-order-number-18.2021.html. use of face coverings by students, staff, and visitors who are over age two.” Plaintiffs allege that mandate violated their “fundamental

right to make health-related decisions for their minor children” and that Dr. Ayala took part in the violation by complying with EO 2021-18. Notice of Removal, Ex. 1 at pp. 2–3. Plaintiffs further

allege that the School Board also took part in the violation of Plaintiffs’ rights when the School Board passed Resolution 2122-01, which states that the School Board will comply with all mandates

from the Governor of Illinois. Id. at 37–38. On September 10, 2021, the State Defendants removed the suit to this Court. Notice of Removal (d/e 1). The same day, the

School Board filed the present Motion to Change Venue. (d/e 6). The School Board states that the State Defendants do not object to the School Board’s motion. Id. at 5. Plaintiffs filed their

Memorandum in Opposition to transfer on September 24, 2021. (d/e 10). II. ANALYSIS

Venue in a federal civil suit is governed by 28 U.S.C. § 1391. Under § 1391(b), venue is proper in “a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located,” or “a judicial district in which a substantial part of the events or omissions giving rise to the claim

occurred.” Where a defendant is a corporation in a State with multiple districts, as here, that corporation’s residency is “any district in that State within which its contacts would be sufficient to

subject it to personal jurisdiction if that district were a separate State, and, if there is no such district, the corporation shall be deemed to reside in the district within which it has the most

significant contacts.” Id. The transfer of venue in a case from one federal court to another is governed by 28 U.S.C. § 1404(a). Under § 1404, a court

may "transfer any civil action to any other district or division where it might have been brought.” Id. A court may do so “[f]or the convenience of parties and witnesses” and “in the interest of

justice.” Id. Section 1404 “allow[s] a district court to transfer an action filed in a proper, though not necessarily convenient, venue to a more convenient district.” Research Automation, Inc. v. Schrader-Bridgeport Int’l, Inc., 626 F.3d 973, 977 (7th Cir. 2010).

Whether to grant a motion to transfer under § 1404 is within the “substantial degree of deference” of the Court. Id. at 977–78. There are three essential elements of a valid transfer: (1) venue is proper in the transferor court, (2) venue is proper in the

transferee court, and (3) the transfer is for the convenience of the parties and witnesses, and in the interest of justice. Great West Casualty Co. v. Ross Wilson Trucking, 2017 WL 707484, at *4 (C.D.

Ill. Feb. 22, 2017). The first two elements are met here because neither party disputes that the Central District and the Northern District are each a proper venue. As a result, whether to transfer

from the Central District to the Northern District turns on the convenience of the parties and witnesses and the interest of justice. a. The convenience of the parties and witnesses favors transfer.

When deciding convenience between parties, the Court considers the following five factors: “(1) the plaintiff's choice of [venue]; (2) the situs of material events; (3) the relative ease of

access to evidence; (4) the convenience of the parties; and (5) the convenience of the witnesses.” Id. The moving party, here the School Board, bears the burden of proving the proposed transferee district is more convenient. Great West Casualty, 2017 WL 707484,

at *4. The Plaintiffs’ choice of venue does not weigh against transfer. While ordinarily afforded substantial weight, the plaintiff’s choice of

venue is entitled to less deference where the plaintiff’s chosen venue is not the plaintiff’s home venue. Id. The Central District is neither Plaintiffs’ home venue. Each Plaintiff resides in Cook County,

Illinois, making each of their home venues the Northern District. Furthermore, each Plaintiff’s minor child attends school in Oak Lawn, Illinois, also within Cook County and the Northern District.

Finally, Plaintiff Cruz initially filed a similar suit in Cook County against the State Defendants. See Def.’s Resp. (d/e 12) at Ex. 1. The State Defendants moved to transfer the case to

Sangamon County, arguing that transfer would be convenient to consolidate Plaintiff Cruz’s case with other cases raising claims related to the State Defendants’ authority over public health

guidance in schools. Id. at Ex. 3. Plaintiff Cruz then voluntarily withdrew the Cook County suit and refiled it as the present case in Sangamon County, this time with Plaintiff Jones as a co-plaintiff and the School Board as a third defendant. Notice of Removal (d/e

1) at Ex. 1.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Braggs v. Lane
717 F. Supp. 609 (N.D. Illinois, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
Cruz v. Pritzker, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cruz-v-pritzker-ilcd-2021.