Opinion
Case No. 3:01CV7643.
March 8, 2002
ORDER
This is a diversity case which has been removed to this court following its filing in the Lucas County, Ohio, Court of Common Pleas. Pending is the defendant's motion to transfer to the Eastern District of North Carolina. (Doc. 12). For the reasons that follow, the motion shall be granted.
Plaintiff P.R. Chunk, Inc., is an Ohio corporation, and maintains corporate records (i.e., incorporation documents, minutes, and related documents) in Ohio. One of its three shareholdes is an Ohio resident. That is the extent of plaintiffs' contacts and relationship with Ohio.
Plaintiff Paul Westmeyer is a resident of Maryland, and apparently works primarily in that state. He is Chunk's sole employee.
This suit involves a dispute over a technology transfer contract in which plaintiffs transferred rights to patents. The defendant is the other party to that contract. Though it does business in Ohio, it appears that the bulk of the document discovery will occur and many of the witnesses are located in the Eastern District of North Carolina. That is where the defendant has its principal corporate offices, and where many of the events giving rise to the contract and this case appear to have occurred. Some non-fact (i.e., opinion) witnesses may come from states other than North Carolina and Ohio.
Defendant alleges, and such appears to be accurate, that the principal reason that this case is here is because plaintiffs' counsel, whose last name is the same as that of the individual plaintiff, is located in Ohio. Plaintiff Westmeyer does state that he wants this case here because he wants to exercise his intellectual property rights in Ohio, and, apparently, enjoy whatever benefits Ohio law may confer on such rights.
In this case, however, it appears that such rights, to the extent pertinent, have already been transferred to the defendant, an entity identified with North Carolina. In any event, the parties appear to agree that North Carolina law will control the resolution of this dispute. They also agree that venue in the Eastern District of North Carolina would be proper, because this suit could initially have been brought in that district.
In Douglas v. Modern Aero, Inc., 954 F. Supp. 1206, 1208 n. 2 (N.D.Ohio. 1997), I stated:
This court has the power, pursuant to 28 U.S.C. § 1404(a), to transfer a civil action to any other district where it could originally have been brought "[f]or the convenience of parties and witnesses. in the interest of justice." In exercising this power, the court gives great deference to the plaintiff's choice of forum, and will not transfer the case unless the moving party shows that transfer is strongly favored by equity. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508, 67 S.Ct. 839, 843, 91 L.Ed. 1055 (1947); Gdovin v. Catawba Rental Co., 596 F. Supp. 1325, 1327 (N.D.Ohio. 1984).
In the case at bar, it is likely that transfer of venue to the State of Minnesota would be proper for several reasons. First, all defendants are residents of Minnesota, thus satisfying the "any other district or division where it might have been brought" requirement of § 1404(a). Further, the events giving rise to this action occurred in Minnesota (i.e., alleged negligent representations and inspections), prior to transfer of the aircraft to the State of Ohio, thus indicating that a majority of witnesses to the events in this case are likely to be found in Minnesota. Finally, because contractual relations took place in multiple locations, including Minnesota, this factor supports the transfer to Minnesota as well.
The factors enumerated in Douglas support transfer in this case as well. The contacts with and relationship to North Carolina and its law clearly are more numerous and meaningful than the relatively insignificant fact that the corporate plaintiff is incorporated in Ohio. Many of the witnesses are located elsewhere, with most of them, apparently, being located in North Carolina. Most of the pertinent documents are located in that state, though some might be located at plaintiff's office in Maryland.
In light of these factors, transfer is warranted.
It is, therefore,
ORDERED THAT defendant's motion to transfer this case to the Eastern District of North Carolina be, and the same hereby is granted.
So ordered.