FRANK D. WHITNEY, Chief District Judge.
In July 2013, Plaintiff filed a complaint against Defendants in the United States District Court for the Western District of Pennsylvania, alleging various causes of action against Defendants that arose out of his employment with Liberty and his arrest on January 10, 2013. On November 17, 2014, the Honorable Cathy Bissoon granted Plaintiff's voluntary dismissal of that case. Thereafter, the Plaintiff filed the present action in this Court on November 19, 2014.
On May 18, 2015, the Moving Defendants filed the instant Motion to Dismiss for Lack of Jurisdiction, or, Alternatively, to Transfer Venue. Defendants' motion, (Doc. No. 17), has been fully briefed by the parties and is now ripe for review.
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." District courts have discretion to adjudicate motions for transfer based on notions of fairness and convenience.
In exercising this discretion, the Court determines whether the case should be transferred for the convenience of the parties, witnesses, and in the interest of justice. To make this determination, this Court applies a balancing test and considers various factors in deciding whether transfer is appropriate.
At the outset, the Court notes that Plaintiff's sole opposition to Moving Defendants' motion is the contention that personal jurisdiction exists in this Court. Plaintiff argues that Defendants' actions relating to Plaintiff's Abuse of Process cause of action occurred in North Carolina, thereby showing sufficient contact by Defendants with the state of North Carolina. Notably, Plaintiff neither addresses nor objects to Defendant's analysis of the considered venue factors, as discussed herein. While the failure to adequately oppose the instant motion may be one reason to support granting Defendants the relief it seeks, the Court will nevertheless briefly explain why, as a matter of law, Defendants' Motion to Transfer should be granted.
First and foremost, § 1404(a) states that "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." 28 U.S.C.A. § 1404. Thus, transfer to any given venue is proper as long as the federal venue requirements of § 1391(b) are met.
Transfer of this case would not violate § 1404(a) because jurisdiction is proper in the Western District of Pennsylvania. Defendants Liberty and Landmark are incorporated in and have their principal place of business in Pennsylvania. Both Defendants' offices are located at 838 Croft Road, Greensburg, PA, 15601. Defendants Mark Palla and Jospeh Huth are both residents of Pennsylvania and are each employed by a Defendant in Greensburg, PA. Thus, transfer would not violate § 1404. Additionally, Plaintiff's original filing of the claims in the Western District of Pennsylvania signals a consent to personal jurisdiction over him in that district. Therefore, jurisdiction is proper in the Western District of Pennsylvania, and the § 1404 requirement is met.
The Court now looks to the applicable factors to determine whether a matter may be transferred. Moving Defendants argue that every factor weighs in favor of, or is at least neutral to, transferring this claim to the Western District of Pennsylvania. (Doc. No. 18).
The Court agrees with Moving Defendants that seven factors support transfer. The first factor, "Plaintiff's initial forum choice," weighs in favor of transfer because Plaintiff filed an action against Defendants in the Western District of Pennsylvania several months before Plaintiff filed the current action here.
The Court finds that four of the factors are neutral and favor neither party. The fifth factor, "the possibility of a view," is neutral because a view will not be relevant in this case. (Doc. No. 18). Additionally, the sixth factor, "the enforceability of a judgment if obtained," is neutral. Even though Defendants have no property in North Carolina, this Court could require a Pennsylvania court to enforce the judgment. (Doc. No. 18). The seventh factor, "the relative advantages and obstacles to a fair trial," is neutral because the Pennsylvania court is capable of providing a fair trial, and plaintiff has provided no evidence to assume otherwise. (Doc. No. 18). Lastly, the eleventh factor, "avoidance of unnecessary problems with conflict of laws," favors neither party because Moving Defendants contend that it is unlikely that North Carolina law will apply and Plaintiff neither opposes that contention nor indicates which law applies. (Doc. No. 23).
The Court finds that no factors oppose transfer. Therefore, the Court finds that transfer of this matter to the United States District Court for the Western District of Pennsylvania is appropriate under § 1404 and controlling law.
For the foregoing reasons, Defendants' Motion to Transfer to the United States District Court for the Western District of Pennsylvania is