All eye witnesses to the explosion, fire, firefighting efforts and salvage efforts, with the exception of crew members, reside on the west coast. Petitioner Keystone's west coast manager, whose testimony is pertinent to the question of liability, is located in California. See, e.g., Petition of Clipper Fishing Corporation, 168 F. Supp. 130 (S.D.N.Y. 1958); Sioux City New Orleans Barge Lines v. Upper Mississippi Towing Corp., 221 F. Supp. 737 (S.D.Tex. 1963); Petition of National Bulk Carriers, 143 F. Supp. 46 (S.D.N Y 1956). On balance I am convinced that this proceeding should be transferred to the Northern District of California. The Supreme Court has outlined the basic purpose of ยง 1404(a) as an attempt to prevent "unnecessary inconvenience and expense to parties, witnesses, and the public."
In support, the affidavit refers to a 1956 case for the proposition that the bareboat charterer or operator as well as the owner may claim the statutory exoneration as an affirmative defense. Petition of National Bulk Carriers, Inc., 143 F. Supp. 46 (S.D.N.Y. 1956). There is no necessity to quarrel with the stated proposition, for reasons to follow.
Since Russell Bros. had not been sued in any district, its petition was rightly filed here, the district in which, it alleged, the vessel was located. D.C., 143 F. Supp. 46, 47. These technical points, however, if blindly applied, could only lead to another round of time-consuming motions in another district.