Summary
concluding whether transfer was appropriate without expressly considering each factor
Summary of this case from Boddy v. PourciauOpinion
No. C 07-01519 WHA.
October 3, 2007
ORDER GRANTING MOTION TO TRANSFER VENUE AND VACATING HEARING
In this action for breach of contract, conversion, intentional misrepresentation, fraud and unjust enrichment, plaintiff Textainer Equipment Management moves to transfer venue to the District of New Jersey under 28 U.S.C. 1404(a), or in the alternative, under 28 U.S.C. 1406(a). Defendant TRS INC. has filed a statement of non-opposition to the motion, but the relevant factors for considering a motion to transfer venue must still be scrutinized. After consideration of the relevant interests, plaintiff has demonstrated that the convenience of the parties and witnesses, and the interest of justice would clearly and substantially be improved by the requested transfer. Therefore, plaintiff's motion to transfer is GRANTED and the hearing on this motion set for October 11, 2007, is VACATED. The clerk shall transfer this action to the United States District Court for the District of New Jersey.
IT IS SO ORDERED.