WILLIAM J. MARTINI, District Judge.
Plaintiff Nancy Brandler ("Plaintiff") brings this negligence action for injuries she suffered while being transported from Defendant Baywood Hotels, Inc. i/p/a Marriot Springhill Suites Hotel's ("Defendant's")
According to the Complaint, Plaintiff stayed at Defendant's hotel during a 2018 vacation in Jacksonville, Florida. Compl. at 4, ECF No. 1. Defendant contracted with Metro Executive Transportation of Jax, LLC ("Metro"), a Florida corporation, to provide an airport shuttle service. Id. at 3-4. Metro's employee, Steven Michael Rose, drove Plaintiff from Defendant's hotel to the Jacksonville airport on April 26, 2018. Id. at 5. Rose purportedly fell asleep while driving, causing the vehicle to strike a tree, thus injuring Plaintiff. Id.
Plaintiff filed this negligence suit against Defendant, Metro, and Rose. After "amicably adjust[ing the matter] by and between" Plaintiff, Rose, and Metro, Plaintiff voluntarily dismissed Metro and Rose from the case. Stip. of Dismissal, ECF No. 2. Presently before the Court is Defendant's motion to transfer the matter to the United States District Court for the Middle District of Florida pursuant to 28 U.S.C. § 1404(a).
Under 28 U.S.C. 1404(a), "[f]or 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." "Therefore, in deciding a motion to transfer, the Court must first determine whether the alternative forum is a proper venue." Kane v. Ollie's Bargain Outlet Holdings, Inc., 18-cv-3475, 2018 WL 6168085, at *2-3 (D.N.J. Nov. 26, 2018).
Defendant proposes the United States District Court for the Middle District of Florida as the alternative venue, asserting the suit could have been brought there. Pursuant to 28 U.S.C. § 1391, venue is proper in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated."
Here, the parties agree the accident giving rise to this suit occurred in Jacksonville, Florida, located in Defendant's proposed alternative forum. Therefore, the Middle District of Florida is a proper venue. See id.
Kane, 2018 WL 6168085, at *2-3 (cleaned up).
Id.
Here, the private factors point toward transfer. Factors one and two point in opposite directions. The claim certainly arose in Florida (factor 3), supporting transfer. The fourth factor (convenience of the parties, considering relative positions) weighs slightly in Plaintiff's favor. However, her argument that Defendant is the large, international hotel chain known as "Marriot" is unavailing. See supra n. 1. Witness availability (factor 5) points strongly in Defendant's favor. Rose (the driver) and Metro (the shuttle company) are no longer parties, but fact witnesses, and may be unavailable at a trial in New Jersey. See FRCP 45(c) (limiting range of subpoenas to testify at trial). Jacksonville emergency personnel may also be difficult to bring to this Court. See id. While Plaintiff received medical treatment in New Jersey and New York, the Court is more confident Plaintiffs own doctors will be willing to travel to testify. As to factor six, books and records can be transported to either forum.
Kane, 2018 WL 6168085, at *3 (cleaned up).
Here, the public factors also point toward transfer. The Court lacks information on factors one, three, and five. As to practical considerations (factor 2): this suit is about an accident that occurred in Florida. Defendant's liability is contingent on their purportedly negligent "fail[ure] to ensure that the transport it provided was safe and that the drivers of said transport were properly vetted and did not suffer from any type of medical condition." Compl. at 6. That negligent conduct, and the associated evidence, would have occurred in Florida. Thus, practical considerations weigh in favor of this suit being heard in Florida. For the same reasons, factors four and five (local interest in deciding local controversies and familiarity with applicable state law) also point toward transfer.
The United States District Court for the Middle District of Florida would be an appropriate venue for this matter. Both the public and private factors under 28 U.S.C. 1404(a) point toward transfer. The interests of justice would also better be served by transfer to Florida, where the court's jurisdiction over Defendant is more definite.
For these reasons, Defendant's motion to transfer, ECF No. 6, is