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.
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.
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.
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).
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.
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.
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).
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.
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.
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."