Dietgoal Innovations LLC v. Wegmans Food Markets, Inc.

993 F. Supp. 2d 594, 2013 WL 6145714
CourtDistrict Court, E.D. Virginia
DecidedNovember 19, 2013
DocketCivil Action Nos. 2:13cv154, 2:13cv252, 2:13cv1271, 2:13cv390, 2:13cv401, 2:13cv430, 2:13cv515
StatusPublished
Cited by2 cases

This text of 993 F. Supp. 2d 594 (Dietgoal Innovations LLC v. Wegmans Food Markets, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dietgoal Innovations LLC v. Wegmans Food Markets, Inc., 993 F. Supp. 2d 594, 2013 WL 6145714 (E.D. Va. 2013).

Opinion

MEMORANDUM OPINION AND ORDER

RAYMOND A. JACKSON, District Judge.

Before the Court are Defendants Time, Inc. (“Time”), Meredith Corporation (“Meredith”), Hearst Communications, Inc. (“Hearst”), and Bravo Media LLC (“Bravo”)’s Motions to Transfer to the Southern District of New York. All four motions are fully briefed and ripe for disposition. For the reasons stated below, Time, Meredith, Hearst, and Bravo’s Motions to Transfer are GRANTED, and it is ORDERED that these cases be transferred to the Southern [597]*597District of New York pursuant to 28 U.S.C. § 1404(a).

Also before the Court are Defendant Wegmans Food Markets, Inc.’s (“Weg-mans”) Motion to Transfer to the Western District of New York, Defendant Dunkin’ Brands Group, Inc.’s (“Dunkin’ ”) Motion to Transfer to the District of Massachusetts, and Defendant Domino’s Pizza, Inc.’s (“Domino’s”) Motion to Transfer to the Eastern District of Michigan. Those three motions are also fully briefed and ripe for disposition. For the reasons stated herein, Wegmans, Dunkin’, and Domino’s Motions to Transfer are DENIED.

I. FACTUAL AND PROCEDURAL HISTORY

Plaintiff DietGoal Innovations LLC (“DietGoal”) initially filed all of these cases in the United States District Court for Eastern District of Texas. DietGoal named Dunkin’ and Wegmans as two of 26 defendants in a complaint filed on September 15, 2011, which DietGoal amended to add an additional seventeen defendants, including Hearst, on October 7, 2011, and amended for a second time to add seven more defendants, including Domino’s, on November 3, 2011. A Magistrate Judge granted those defendants’ motions to sever the claims against them into separate suits in August, 2012. DietGoal also filed individual complaints against Bravo, Meredith, and Time on June 13, 2012. All complaints alleged infringement of a single patent held by DietGoal. According to the Motion to Transfer that DietGoal recently filed with the United States Judicial Panel on Multidistrict Litigation, there are currently 24 pending suits against 38 defendants in four different districts concerning the patent. ECF No. 1, MDL No. 2507.1

Time, Meredith, Hearst, and Bravo filed motions to change venue to the Southern District of New York, the same district that is the subject of the instant transfer motions. Wegmans also moved to transfer to the Southern District of New York (although it now requests transfer to the Western District of New York). Domino’s and Dunkin’ moved to transfer venue to the Eastern District of Michigan and the District of Massachusetts, respectively, the same districts to which they now seek transfer. Wegmans, Hearst, and Domino’s filed their motions on January 13, 2012; Dunkin’ filed its motion on August 7, 2012; Time filed its motion on August 8, 2012; Meredith filed its motion on September 14, 2012; and Bravo filed its motion on September 17, 2012. They sought transfer pursuant to 28 U.S.C. § 1404(a), which allows the transfer of a case to a more convenient venue: “For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.” DietGoal opposed all of the motions, contending that the cases should remain in the Eastern District of Texas. None of the parties suggested the Eastern District of Virginia as a possible alternative forum.

On January 15, 2013, the cases were referred or assigned to the Magistrate Judge who eventually transferred them to the Eastern District of Virginia. On February 26, 2013, he ordered DietGoal “to file a supplemental brief of no more than 2 pages ... that addresses whether this patent infringement action could have been brought in the Eastern District of Virgi[598]*598nia” in each of the seven cases except for Wegmans. Defendants were also permitted to file responsive supplemental briefs. While all parties agreed in these supplemental briefings that personal jurisdiction was proper in the Eastern District of Virginia, all continued to maintain that the original districts they argued for were the most convenient venues. Nonetheless, the Magistrate Judge ordered all cases transferred to the Eastern District of Virginia: Wegmans on February 28, 2013, Time on March 25, 2013, Bravo on April 9, 2013, Meredith on April 15, 2013, Hearst on June 20, 2013, Dunkin’ on July 2, 2013, and Domino’s on July 10, 2013. He relied primarily on the inventor’s location in Alexandria, Virginia, and the prosecuting attorney’s location in Maryland.

None of the defendants filed objections to the Magistrate Judge’s order pursuant to Federal Rule of Civil Procedure 72(a), which provides that for non-dispositive matters adjudicated by a magistrate judge, “[a] party may serve and file objections to the order within 14 days.” But all of the defendants filed new motions to transfer venue after their cases were transferred to this district. Wegmans filed its motion on March 29, 2013; Time filed its motion on April 29, 2013; Bravo filed its motion on May 2, 2013; Meredith filed its motion on May 20, 2013; Dunkin’ filed its motion on July 30, 2013; Hearst filed its motion on August 2, 2013; and Domino’s filed its motion on August 20, 2013. DietGoal filed Oppositions to those motions on April 12, 2103, May 22, 2013, May 13, 2013, June 3, 2013, August 13, 2013, August 16, 2103, and September 3, 2013, respectively. The Defendants also filed Replies to DietGoal’s Oppositions.

II. DISCUSSION

A. Standard of Review

DietGoal’s primary arguments in opposition to the Defendant’s motions do not concern the relative convenience of the venues suggested by the Defendants. Rather, DietGoal maintains that the motions to transfer to that district are barred by Rule 72(a) of the Federal Rules of Civil Procedure, because Defendants failed to timely object to the Magistrate Judge’s Order, and by the law of the case doctrine, which discourages the re-opening of matters previously decided in the same case. The Court will address each argument in turn.

1. Rule 72(a)

Rule 72(a) of the Federal Rules of Civil Procedure provides:

Nondispositive Matters. When a pretrial matter not dispositive of a party’s claim or defense is referred to a magistrate judge to hear and decide, the magistrate judge must promptly conduct the required proceedings and, when appropriate, issue a written order stating the decision. A party may serve and file objections to the order within 14 days after being served with a copy. A party may not assign as error a defect in the order not timely objected to. The district judge in the case must consider timely objections and modify or set aside any part of the order that is clearly erroneous or is contrary to law.

Under that Rule, a Magistrate Judge’s ruling on a “nondispositive matter” must be objected to within fourteen days.

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Bluebook (online)
993 F. Supp. 2d 594, 2013 WL 6145714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dietgoal-innovations-llc-v-wegmans-food-markets-inc-vaed-2013.