Key

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ANDREA KEY, et al., Case No. 21-cv-02391-VC

Plaintiffs,

ORDER GRANTING MOTION TO

v. TRANSFER; DENYING MOTION TO

DISMISS WITHOUT PREJUDICE

SPROUT FOODS, INC.,

Re: Dkt. No. 33, 34 Defendant.

The Plaintiffs are residents of California who bought Sprout Foods baby food that was allegedly tainted by toxic heavy metals. They seek to bring California state-law claims against Sprout Foods on behalf of a California class. But Sprout Foods and many of the non-parties it identifies as having information relating to this lawsuit are located in and around the State of New Jersey. And a proposed nationwide class action is pending against Sprout Foods in the District of New Jersey. So Sprout Foods has sought to transfer this case to that district, where it could have been filed initially, “[f]or the convenience of parties and witnesses” and “in the interest of justice.” 28 U.S.C. § 1404(a). Because the Plaintiffs in this case filed their lawsuit before the New Jersey plaintiffs, the first-to-file rule does not apply. Although it is a close question, the section 1404(a) factors favor a…