JOSEPH C. WILKINSON, JR., Magistrate Judge.
The BELO portion of the Medical Benefits Class Action Settlement Agreement in
Having considered the record, the applicable law and the written submissions of counsel for the parties,
Harriel seeks to compel defendants to provide the names, addresses and telephone numbers of all employees or co-workers who worked with him while he was employed by Dynamic Environmental, Inc. as a cleanup worker at the "ERG BP Yard" in Morgan City, Louisiana,
CMO, § II(2) (emphasis added).
Harriel does
Plaintiff may seek discovery of additional information pursuant to the appropriate Federal Rules of Civil Procedure after this case is transferred or reallotted.
Harriel's complaint alleges that he is a citizen of Mississippi and that, at all material times, he was a resident of Poplarville, Mississippi, which is located in Pearl River County in the Southern District of Mississippi, Southern Division. 28 U.S.C. § 104(b)(2). Defendants move to transfer this case to the Southern District of Mississippi, without specifying which of the Southern District of Mississippi's four divisions is the appropriate venue.
Paragraph III(2) of this court's CMO provides that "the factors set forth in 28 U.S.C. § 1404(a) and applicable case law" govern determination of the appropriate venue for discovery and dispositive proceedings. 28 U.S.C. § 1404 provides: "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." Applicable case law establishes that private interest factors relevant to the court's venue determination include "`(1) the relative ease of access to sources of proof; (2) the availability of compulsory process to secure the attendance of witnesses; (3) the cost of attendance for willing witnesses; and (4) all other practical problems that make trial of a case easy, expeditious and inexpensive.'"
Considering these factors and the disclosure information provided by plaintiff, Defendants' Exh. A, Record Doc. No. 12-4, I find that the most appropriate venue for further proceedings in this BELO lawsuit is the Southern District of Mississippi, Eastern Division. According to plaintiff's disclosures, he has lived in Poplarville, Mississippi since 1995 and lived there at the time of the alleged exposure. Poplarville is in Pearl River County, which is in the Southern District of Mississippi, Southern Division. 28 U.S.C. § 81(a)(6). The federal courthouse for the Southern District of Mississippi, Southern Division, is in Gulfport, Mississippi, which is 48.7 miles or about a one hour and sixminute drive from Poplarville in the northern part of the Division. Google Maps, https://www.google.com/maps (last visited Dec. 4, 2017). The courthouse for the Eastern District of Louisiana in New Orleans is 74.8 miles from Poplarville, or about a one hour and 13-minute drive.
Plaintiff's disclosure form lists persons who possess information concerning his injury and/or medical condition. He names his ex-wife, who also resides in Poplarville, and two of his health care providers, Dr. Andrew Rogness and Dr. Darrell W. O'Quinn,. Record Doc. No. 12-4, at pp. 8-9.
Most significantly, plaintiff's health care providers are located in the
Plaintiff's mere speculation "[u]pon information and belief . . . that other witnesses and co-workers will largely be located in the Eastern District of Louisiana," Record Doc. No. 14-1 at p. 3, carries no weight in the court's analysis of the Section 1404(a) factors. Harriel argues that David R. Dutton, Ph.D., a potential witness identified by defendants in their disclosures (attached to plaintiff's motion to compel, Record Doc. No. 14-1 at p. 3), is located in Michigan and could access New Orleans by commercial airline more conveniently and cheaply than southern Mississippi. This fact is actually neutral, as neither the Eastern District of Louisiana nor the Southern District of Mississippi would be convenient for a Michigan resident. It appears that the only persons for whom the Eastern District of Louisiana is more convenient than the Southern District of Mississippi are Harriel's attorneys, who are located in Covington, Louisiana. Yet, even for them, it is 40.8 miles or a 55-minute drive from Covington to New Orleans. It is 87.8 miles or a 1 hour and 40-minute drive to Hattiesburg, or only about 45 minutes longer than driving to New Orleans. Google Maps, https://www.google.com/maps (last visited Dec. 4, 2017). None of these facts weighs in favor of keeping this matter in the Eastern District of Louisiana.
Plaintiff's disclosures also indicate that there is no significant connection between himself and this case and the Eastern District of Louisiana. He alleges that, between September and November 2010, he was an oil spill cleanup worker working in Amelia and/or Morgan City, Louisiana, for an employer located in Illinois, when he was exposed to oil and other substances that caused his reactive airways dysfunction syndrome. Amelia and Morgan City are in the
Harriel provides no support for his speculation that "the majority of the evidence" will come from the oil spill's Area Unified Command, which was located in Robert, Louisiana and New Orleans, or that "the majority of the non-party witnesses" will be located in the Eastern District of Louisiana. Plaintiff's memorandum, Record Doc. No. 14-1 at p. 5. As previously noted, Harriel's exposure to substances that allegedly caused his reactive airways dysfunction syndrome occurred in the Western, not the Eastern, District of Louisiana. Significantly, none of his medical care providers are located in the Eastern District of Louisiana. All of them are located within the Southern District of Mississippi, as are plaintiff and his ex-wife.
As to the other factors, the state of Mississippi has localized interests in seeing that its citizens are able to litigate their tort claims in courts located in Mississippi. While it is true that this court has superior knowledge of the general circumstances of the spill and its aftermath, it has no special knowledge of the material facts and limited "issues to be litigated," as defined in the BELO portion of the Medical Benefits Class Action Settlement Agreement, MDL No. 2179, Record Doc. No. 6427-1 at pp. 69-70, relating to this plaintiff's particular claims, including his individual exposure, the facts of his diagnosis, his work in the Louisiana and Mississippi spill cleanup, the causation of his alleged medical conditions or the amount of his compensatory damages, if any. These are all matters with which whatever judge in this district to whom this case might be reallotted if it were to remain here would have to become familiar, a process that the court in Mississippi is equally equipped to manage. Certainly, plaintiff is in no way prejudiced by having to pursue his case in the courthouse in the Eastern Division of the Southern District of Mississippi, which is much nearer to his home than the Eastern District of Louisiana, and where any inconvenience to his doctors presented by the need for them to provide evidence will be minimized.
For the foregoing reasons, I find that venue is both proper and most appropriate in the Southern District of Mississippi, Eastern Division. The convenience of the parties and witnesses and the interests of justice warrant transfer of this case. A magistrate judge is authorized to transfer a case of this sort to another district.