WUNSCH v. AMERICAN REALTY CAPITAL PROPERTIES

MEMORANDUM

J. FREDERICK MOTZ, District Judge.

I agree with the decision in Knox v. Agria Corp., 613 F.Supp.2d 419 (S.D.N.Y. 2009) rather than the opinion of my friend and colleague Judge Goodwin in Niitsoo v. Alpha Natural Res., Inc., 902 F.Supp.2d 797 (S.D.W.Va. 2012). I do not believe that the Supreme Court's opinion in Kircher v. Putnam Funds Trust, 547 U.S. 633 (2006) is material because this case involves a class action based upon federal law. Thus, it is a "covered class action" under 15 U.S.C. §77p(b). Section 77p(c) is not relevant here because the asserted claims do not arise under state law.

For these reasons an order is being entered herewith denying plaintiff's motion to remand and transferring this action to the Southern District of New York, where it can be consolidated with the seven suits that are presently pending there.