Opinion
Civil Action No: 00-1889; SECTION: "J" (4)
October 27, 2000
Before the Court is defendant Noble Drilling Corporation's Motion to Transfer Venue. (Rec. Doc. 10). Plaintiffs Chris Rodriguez and Janet Rodriguez oppose the motion. (Rec. Doc. 12). The motion, set for hearing on October 25, 2000, is before the Court on briefs without oral argument. For the following reasons, defendant's motion is DENIED.
BACKGROUND
This litigation arises out of an incident occurring on June 4, 1999, in which plaintiff Chris Rodriguez ("Mr. Rodriguez") alleges that he was operating a cherry picker on a dock when a U-bolt broke loose from defendant Noble Drilling Corporation's ("Noble") drill rig that was moored next to the dock. Mr. Rodriguez seeks damages, claiming that the U-bolt crashed into the cherry picker and injured his head. The plaintiffs filed suit in the Eastern District of Louisiana. Defendants has filed a motion to transfer venue to the Southern District of Mississippi.
DISCUSSION
The party moving for change of venue bears the burden of demonstrating why the case should be transferred. M/G Transp. Servs., Inc. v. Devall Towing Boat Serv. of Hackberry, Inc., 2000 WL 1140495, at *3 (E.D. La.) (citing Oreck Holdings, L.L.C. v. Bissell, Inc., 2000 WL 174892 (E.D. La.)). A plaintiff's choice of forum should be given deference. Id. (citing Oreck,2000 WL 174892, at *1)). The trial court must consider "all relevant factors to determine whether or not on balance the litigation would more conveniently proceed and the interests of justice would be better served by transfer to a different forum." Id. Venue should not be transferred merely to shift the inconvenience from the defendant to the plaintiff. Id. (citing Oreck, 2000 WL 174892, at *2)). Unless the balance of factors "is strongly in favor of the defendants, the plaintiff's choice of forum should rarely be disturbed." Id.
In the present case, the plaintiffs are residents of Alabama, and the defendant is a Delaware corporation with its principal place of business in Texas. The alleged incident occurred in Mississippi. The plaintiffs chose to file their suit in this Court, and their choice of forum should be given deference. Noble states that "it is most likely that a majority of the witnesses will be located in Mississippi." (Rec. Doc. 10, at 5). Noble has failed to name any witnesses to be called who would be adversely affected by a proceeding in this Court. Under these circumstances, the balance of factors is at most neutral, and thus, not strongly in Noble's favor to transfer venue to the Southern District of Mississippi. Therefore, this Court finds that Noble has not met its burden of demonstrating why the Southern District of Mississippi forum is more convenient than the Eastern District of Louisiana. Accordingly,
IT IS ORDERED that defendant's Motion to Transfer Venue should be and is hereby DENIED.