Stay Sought in Transfer of BIPA Case, Pending Ruling on Motion to Reconsider
Match Group and its four co-defendants in the Illinois Biometric Information Privacy Act complaint brought by plaintiff Marcus Baker seek a stay in the court-ordered transfer of the case to the Northern District of Texas (see 2306010033) until the court…
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can resolve the defendants’ motion for reconsideration of the transfer, said their motion to stay Tuesday (docket 1:22-cv-06924) in U.S. District Court for Northern Illinois in Chicago. Match Group unsuccessfully sought dismissal of the complaint so it could be heard in small claims court, but U.S. District Judge Manish Shah agreed with Baker that small claims court “isn’t the right place for this case,” choosing instead to transfer the case to the Northern District of Texas. The defendants’ motion to reconsider is based on the grounds that it was a “manifest error” for the judge to conclude that an Illinois small claims court can’t hear Baker’s case, it said. Granting a stay would permit the court to retain its jurisdiction over this case pending a ruling on the motion to reconsider, it said. It would also preserve judicial and party resources by avoiding a transfer and any “dual-track litigation” while this court considers “potentially dispositive arguments” in the motion to reconsider, it said.