Rock Bit International, Inc. v. Smith International, Inc.

17 Citing cases

  1. Empty Barge Lines II, Inc. v. Fisher

    441 F. Supp. 2d 786 (E.D. Tex. 2006)   Cited 39 times

    Plaintiff's choice of forum is "given less weight when the plaintiff brings suit outside its home district." Id. at *2; accord Isbell, 2004 WL 1243153, at *13; Shoemake, 233 F. Supp. 2d at 831; Hanby, 144 F. Supp. 2d at 677; Rock Bit Int'l, Inc. v. Smith Int'l, Inc., 957 F. Supp. 843, 844 (E.D. Tex. 1997). Moreover, Plaintiffs' choice of forum is accorded less weight when most of the operative facts occurred outside the district.

  2. Empty Barge Lines II, Inc. v. Fisher

    Civil Action No. 1:06-CV-075 (E.D. Tex. Jun. 30, 2006)

    Plaintiff's choice of forum is "given less weight when the plaintiff brings suit outside its home district." Id. at *2; accord Isbell, 2004 WL 1243153, at *13; Shoemake, 233 F. Supp. 2d at 831; Hanby, 144 F. Supp. 2d at 677; Rock Bit Int'l, Inc. v. Smith Int'l, Inc., 957 F. Supp. 843, 844 (E.D. Tex. 1997). Moreover, Plaintiffs' choice of forum is accorded less weight when most of the operative facts occurred outside the district.

  3. Ray Mart, Inc. v. Stock Building Supply of Texas

    435 F. Supp. 2d 578 (E.D. Tex. 2006)   Cited 20 times

    One element to be considered stems from the administrative difficulties that arise when courts become congested with litigation that should have been handled at its place of origin. See Gilbert, 330 U.S. at 508; Langton, 282 F. Supp. 2d at 511; Mohamed, 90 F. Supp. 2d at 766; Rock Bit Int'l, Inc. v. Smith Int'l, Inc., 957 F. Supp. 843, 844 (E.D. Tex. 1997). The efficient administration of the court system is vital to all litigants, as well as the public at large.

  4. Isbell v. DM Records, Inc.

    Civil Action No. 3:02-CV-1408-G (N.D. Tex. Jun. 4, 2004)   Cited 18 times   1 Legal Analyses
    In Isbell, the court based its finding of personal jurisdiction on the fact that the defendant "could have reasonably foreseen that its licensee would sell... [certain products] in Texas, and that [the plaintiff] would feel the effects [in Texas]."

    The plaintiff's forum choice is also given less weight when the plaintiff brings suit outside its home district. Hanby v. Shell Oil Company, 144 F. Supp.2d 673, 677 (E.D. Tex. 2001); Rock Bit International, Inc. v. Smith International, Inc., 957 F. Supp. 843, 844 (E.D. Tex. 1997); Alexander Alexander, Inc. v. Donald F. Muldoon Company, 685 F. Supp. 346, 349 (S.D.N.Y. 1988).

  5. WHISTLER GROUP, INC. v. PNI CORP

    CIVIL ACTION NO. 3:03-CV-1536-G (N.D. Tex. Dec. 5, 2003)   Cited 4 times
    Transferring action because, inter alia, the defendant proved that the related actions involved overlapping witnesses

    The plaintiffs forum choice is also given less weight when the plaintiff brings suit outside its home district. Hanby v. Shell Oil Company, 144 F. Supp.2d 673, 677 (E.D. Tex. 2001); Rock Bit International, Inc. v. Smith International, Inc., 957 F. Supp. 843, 844 (E.D. Tex. 1997); Alexander Alexander, Inc. v. Donald F. Muldoon Company, 685 F. Supp. 346, 349 (S.D.N.Y. 1988). In deciding whether to transfer a case, the court should consider (1) the convenience of the parties, (2) the convenience of material witnesses, (3) the availability of process to compel the presence of unwilling witnesses, (4) the cost of obtaining the presence of witnesses, (5) the relative ease of access to sources of proof, (6) calendar congestion, (7) where the events in issue took place, and (8) the interests of justice in general.

  6. Minka Lighting, Inc. v. Trans Globe Imports, Inc.

    CIVIL ACTION NO. 3:02-CV-2538-G (N.D. Tex. May. 23, 2003)   Cited 26 times

    The plaintiff's forum choice is also given less weight when the plaintiff brings suit outside its home district. Hanby v. Shell Oil Company, 144 F. Supp.2d 673, 677 (E.D. Tex. 2001); Rock Bit International, Inc. v. Smith International, Inc., 957 F. Supp. 843, 844 (E.D. Tex. 1997); Alexander Alexander, Inc. v. Donald F. Muldoon Company, 685 F. Supp. 346, 348-49 (S.D.N.Y. 1988). In deciding whether to transfer a case, the court should consider (1) the convenience of the parties, (2) the convenience of material witnesses, (3) the availability of process to compel the presence of unwilling witnesses, (4) the cost of obtaining the presence of witnesses, (5) the relative ease of access to sources of proof, (6) calendar congestion, (7) where the events in issue took place, and (8) the interests of justice in general.

  7. Hanby v. Shell Oil Co.

    144 F. Supp. 2d 673 (E.D. Tex. 2001)   Cited 166 times
    In Hanby, this court held that where the plaintiff's chosen forum has no factual nexus to the case and none of the parties reside in that forum, that choice carries very little significance if other factors weigh in favor of transfer.

    This is such a case." See Rock Bit Internat'l Inc. v. Smith Internat'l Inc., 957 F. Supp. 843, 844 (E.D.Tex. 1997). See also Time, Inc. v. Manning, 366 F.2d 690, 698 (5th Cir. 1966); Rich v. Southern Gulf Operators, 879 F. Supp. 49, 51 (E.D.Tex. 1995); Mortensen v. Maxwell House Coffee Co., 879 F. Supp. 54, 56-57 (E.D.Tex. 1995).

  8. Savage v. Detroit Indep. Sch. Dist.

    Civil Action 4:22-cv-00202 (E.D. Tex. Jun. 13, 2023)

    Second, DISD's argument is based on a strained reading of Rock Bit International, Inc. v. Smith International, Inc., where the court noted that plaintiffs should not be allowed to forum shop simply because they may prefer to litigate in a forum with a speedier docket. 957 F.Supp. 843, 844 (E.D. Tex. 1997). Savage is a resident of Lamar County (Dkt. #1 at pp. 1-2), which is in the Sherman Division, so it does not appear that he is merely picking a favorable forum with no connection to his case.

  9. Perez v. Contract Freighters, Inc.

    Civil Action No. 5:06-CV-02 (S.D. Tex. Oct. 26, 2006)

    Spiegelberg v. Collegiate Licensing Co., 402 F. Supp. 2d 786, 790 (S.D. Tex. 2005); John Hanby Hanby Envtl. Lab. Procedures v. Shell Oil Co., 144 F. Supp. 2d 673, 677 (E.D. Tex. 2001). See also Rock Bit Int'l v. Smith Int'l, 957 F. Supp. 843, 844 (D. Tex. 1997) ("[T]he usual deference accorded the plaintiff's choice of forum is of minimal value when none of the parties reside in this division of this District."); Reed, 995 F. Supp. at 714 ("[D]eference to plaintiff's choice of forum disappears when the lawsuit has no connection . . . to the venue chosen."). The accident giving rise to this suit has no legal or factual nexus to the Laredo area.

  10. BOSE CORPORATION v. SUNSHINE ELECTRONICS OF NEW YORK, INC.

    Civil Action No. 3:05-CV-252-L (N.D. Tex. Apr. 12, 2006)   Cited 1 times

    Similarly, the usual deference accorded a plaintiff's choice of forum "is of minimal value when none of the parties reside[s] in this division of this district." Hanby v. Shell Oil Co., 144 F.Supp.2d 673, 677 (E.D. Tex. 2001) (citations and quotation omitted); Rock Bit Int'l v. Smith Int'l, 957 F.Supp. 843, 844 (E.D. Tex. 1997) (citations omitted). Bose alleges that venue is proper in the Northern District of Texas because, pursuant to 28 U.S.C. ยง 1391(b), the "music systems that are the subject of this litigation were distributed and offered for distribution and sale in this district, and the claims alleged in this action arose in this district."