Gierwatowski

I. Background

This case arises from defendant’s almond granola cereal, which is marketed as containing vanilla and other natural flavors. Plaintiff claims that the cereal actually contains artificial vanilla, not natural vanilla, and that the cereal’s marketing is misleading. Plaintiff alleges that defendant’s labeling and marketing of the cereal violates the Illinois Consumer Fraud and Deceptive Business Practices Act and claims breach of warranty, negligent misrepresentation, fraud, and unjust enrichment. This case was filed after plaintiff’s counsel filed similar class actions in California and New York challenging defendant’s marketing of vanilla cereals. Plaintiffs voluntarily dismissed the two class actions in New York, but the California class action is still being litigated in the Northern District of California. Defendant moves to transfer this case to California under 28 U.S.C. § 1404 and the first-filed rule.

II. Legal Standard

Under 28 U.S.C. § 1404(a), courts may transfer an action to a more convenient district. District courts have discretion in evaluating motions to transfer after considering, on a case-by-case basis, convenience and fairness. See Rsch.…