EMMET G. SULLIVAN, District Judge.
Pending before the Court is defendants' motion to transfer venue to the United States District Court for the Eastern District of Michigan (the "Eastern District of Michigan"). Upon consideration of the motion, the response and reply thereto, the applicable law, and the entire record, the Court
Plaintiff Dietrich R. Bergmann ("Bergmann") is a resident of Ann Arbor and Gross Pointe Woods, Michigan. Am. Compl. ¶ 68. He brings this action, pro se, challenging "two interrelated highway construction projects that the Defendants and the Michigan Department of Transportation ("MDOT") propose for construction in the City of Detroit, Wayne County, Michigan." Am. Compl. ¶ 1. Specifically, plaintiff challenges defendants' approval of (1) the Detroit River International Crossing project (the "DRIC project"), and (2) the Interstate Highway 94 Rehabilitation project (the "I-94 Rehabilitation project"). See generally Am. Compl.; Pl.'s Opp'n Br. at 5.
The DRIC project involves the construction of a new bridge connecting Detroit, Michigan with Windsor, Ontario in Canada. See Am. Compl. ¶ 14; see also Defs.' Ex. C, DRIC Record of Decision ("DRIC ROD") at 1 (explaining that the DRIC project "consists of an interchange connection
In February 2008, a Draft Environmental Impact Statement ("DEIS") was signed by defendant James J. Steele ("Steele")
On November 21, 2008, defendant Steele signed the Final Environmental Impact Statement ("FEIS") for the DRIC project. See generally Defs.' Ex. B. The FEIS identified the Delray neighborhood of Southwest Detroit as the preferred alternative for the DRIC project. See Defs.' Ex. B, DRIC FEIS at ES-16-ES-26, 2-56. Two months later, on January 14, 2009, defendant Steele signed the ROD, which approved the implementation of the pending DRIC project in the preferred Delray location. See generally Defs.' Ex. C. The DRIC project is currently in its design phase, which is expected to take at least 18 months. See Docket No. 13, Declaration of James J. Steele ("Steele Decl.") ¶ 15 (explaining that the DRIC project moved from the project assessment phase to the design phase, but noting that "[t]he project will not move forward in a meaningful way unless and until the Michigan state legislature authorizes and funds the DRIC").
The I-94 Rehabilitation project is a highway construction plan that involves the widening of a seven-mile segment of I-94 in Detroit, Michigan. Am. Compl. ¶ 17; see also Defs.' Ex. E, I-94 FEIS at 2 ("[T]he I-94 Rehabilitation Project would provide transportation improvements to 6.7 miles of I-94 ("Edsel Ford Freeway") in the city of Detroit from just east of I-96 to east of the Conner Avenue interchange."). The I-94 Rehabilitation project began in April 1994, Steele Decl. ¶ 4, in an attempt to "preserve and enhance a vital component of Michigan's transportation infrastructure[.]" Defs.' Ex. E, I-94 FEIS at 2.
Plaintiff filed suit in this Court on July 27, 2009, alleging, inter alia, that defendants' issuance of the RODs for the DRIC and I-94 Rehabilitation projects violated the Administrative Procedure Act ("APA"), the National Environmental Policy Act ("NEPA"), and Sections 4(a) and 4(f) of the Department of Transportation Act (the "DOT Act"). See Am. Compl. ¶ 2; Pl.'s Opp'n Br. at 5-6. Through this lawsuit, plaintiff seeks declaratory and injunctive relief. Am. Compl. ¶¶ 5-7. On December 2, 2009, defendants filed a motion to transfer this action to the Eastern District of Michigan, which plaintiff opposed on January 25, 2010. The motion is now ripe for determination by the Court.
The federal venue transfer statute, 28 U.S.C. § 1404(a), provides that "[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." 28 U.S.C. § 1404(a). The district court has discretion to adjudicate motions to transfer according to an "`individualized case-by-case consideration of convenience and fairness.'" Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 29, 108 S.Ct. 2239, 101 L.Ed.2d 22 (1988) (quoting Van Dusen v. Barrack, 376 U.S. 612, 622, 84 S.Ct. 805, 11 L.Ed.2d 945 (1964)); see also Demery v. Montgomery County, 602 F.Supp.2d 206, 210 (D.D.C. 2009) ("Because it is perhaps impossible to develop any fixed general rules on when cases should be transferred[,] ... the proper technique to be employed is a factually analytical, case-by-case determination of convenience and fairness." (internal quotation marks omitted)). The moving party bears the burden of establishing that transfer of the action is proper. Devaughn v. Inphonic, Inc., 403 F.Supp.2d 68, 71 (D.D.C.2005); see also SEC v. Savoy Indus., Inc., 587 F.2d 1149, 1154 (D.C.Cir. 1978) (noting that district court's ruling denying motion to transfer "was effectively a ruling that [appellant] had failed to shoulder his burden").
Defendants must make two showings to justify transfer. First, defendants must establish that the plaintiff could have brought suit in the proposed transferee district. Devaughn, 403 F.Supp.2d at 71-72; Trout Unlimited v. United States Dep't of Agric., 944 F.Supp. 13, 16 (D.D.C. 1996). Second, defendants must demonstrate that considerations of convenience and the interests of justice weigh in favor of a transfer. Devaughn, 403 F.Supp.2d at 72; Trout Unlimited, 944 F.Supp. at 16.
Before the Court transfers an action to another venue, the defendant must
As this action could have been brought in the Eastern District of Michigan, the Court must now determine whether equitable factors support defendants' requested transfer. In determining whether transfer is justified, the Court weighs a number of private-interest and public-interest factors. See Devaughn, 403 F.Supp.2d at 72. In this case, these factors weigh in favor of transfer to the Eastern District of Michigan.
The private-interest considerations the Court looks to when deciding whether to transfer a case include: "(1) the plaintiff's choice of forum; (2) the defendant's choice of forum; (3) where the claim arose; (4) the convenience of the parties; (5) the convenience of witnesses, particularly if important witnesses may actually be unavailable to give live trial testimony in one of the districts; and (6) the ease of access to sources of proof." Demery, 602 F.Supp.2d at 210.
With regard to the first factor, the Court typically accords "substantial deference" to a plaintiff's choice of forum. Reiffin v. Microsoft Corp., 104 F.Supp.2d 48, 52 (D.D.C.2000); see also Pain v. United Techs. Corp., 637 F.2d 775, 783 (D.C.Cir. 1980) ("[A] trial judge must give considerable, but not conclusive, weight to the plaintiff's initial forum choice."). Substantially less deference is warranted, however, when a plaintiff choose a forum other than his home forum. See Reiffin, 104 F.Supp.2d at 52 ("Deference to the plaintiff's choice of forum is particularly strong where the plaintiff has chosen his home forum. Conversely, substantially less deference is warranted when the forum preferred by the plaintiff is not his home forum."). The Court may also give less deference when "`most of the relevant events occurred elsewhere.'" Greene v. Nat'l Head Start Ass'n, 610 F.Supp.2d 72, 75 (quoting Aftab v. Gonzalez, 597 F.Supp.2d 76, 80 (D.D.C.2009)).
It is undisputed that the plaintiff in this case is not a resident of the District of Columbia. Indeed, "[p]laintiff is a long-time resident and voter in southeast Michigan." Am. Compl. ¶ 4. As plaintiff has proffered no ties connecting himself with the District of Columbia, the Court need not afford plaintiff the substantial deference given to litigants in their "home forum." See, e.g., Reiffin, 104 F.Supp.2d at 52; Shawnee Tribe v. United States, 298 F.Supp.2d 21, 24 (D.D.C.2002).
Plaintiff's choice of forum is also entitled to less deference where, as here, the majority of operative facts took place outside the District of Columbia. As defendants explain, "[a]ll of the challenged acts or
With regards to the DRIC project, the Court acknowledges that Washington-based federal officials had a role in the events underlying plaintiff's lawsuit. See Steele Decl. ¶ 6 (explaining that he "secured the legal review of any prior concurrence of officials in FHWA's headquarters in Washington, D.C. before signing the DEIS, FEIS and ROD"); see also Defs.' Reply Br. at 6-10 (describing the supporting role played by officials from the United States Department of Transportation in Washington, D.C.).
Next, the Court considers the second private-interest factor-defendants' choice of forum. Defendants have legitimate reasons for preferring the Eastern District of Michigan. For instance, Defendant Steele, who had "ultimate supervisory authority" over the DRIC project assessment, has his principal place of business in Michigan, see Steele Decl. ¶¶ 2, 6; the majority of operative events occurred in Michigan, see supra at 72-74; and the outcome of this case will be felt most directly in Michigan. This factor, therefore, weighs in favor of transfer.
As to the third factor—where the claim arose—it is clear that the majority of events underlying this lawsuit occurred in or around the Eastern District of Michigan. In addition, as discussed above, the contested environmental studies and NEPA reports were prepared and signed in Michigan by a Michigan-based federal official who was "responsible for final decisions for both projects." See Steele Decl. ¶¶ 6, 9, 11; cf. Greater Yellowstone Coal. v. Kempthorne, No. 07-2111, 2008 U.S. Dist. LEXIS 33641, at *14-15 (D.D.C. Apr. 24, 2008) ("[T]he Court also finds that the claim did not `arise elsewhere,' but rather arose in this District, where the Rule was drafted and published .... The Final Rule was signed by the Assistant Secretary of the Interior for Fish and Wildlife and Parks, who is based in Washington, D.C."). Accordingly, this factor also weighs in favor of transfer.
The fourth private-interest factor the Court considers is the convenience of the parties. Plaintiff in this action is a resident of Michigan, as is defendant Steele. Because the remaining federal defendants are located in the District of Columbia, however, this factor is neutral in the Court's analysis.
The final private-interest factors for the Court to consider are convenience of witnesses and the ease of access to sources of proof. Because this case is an action for review of an administrative record where a trial is unnecessary and live testimony is unlikely, the Court finds that it need not consider these factors. See Greater Yellowstone Coal., 2008 WL 1862298, at *5, 2008 U.S. Dist. LEXIS 33641, at *14-15 (explaining that in an APA action, these factors are not relevant to the court's venue analysis); Trout Unlimited, 944 F.Supp. at 18 (explaining that because "judicial review will be limited to the administrative record," these factors have "less relevance"). To the extent these factors are relevant, however, the Court concludes that they weigh slightly in favor of transfer to the forum in which the administrative records reside—the Eastern District of Michigan. See Steele Decl.
Having concluded that plaintiff's choice of forum is entitled to less deference and that the other private-interest factors are neutral or favor transfer to the Eastern District of Michigan, the Court now turns to the public-interest factors. The public-interest factors include: (1) the transferee's familiarity with the governing laws; (2) the relative congestion of the calendars of the potential transferee and transferor courts; and (3) the local interest in deciding local controversies at home. Devaughn, 403 F.Supp.2d at 72.
The first two public-interest factors are neutral in the Court's analysis. With regard to the transferee's familiarity with the governing laws, the Court notes that this case involves the interpretation of federal statutes. Because no issues of state law have been raised, there is no advantage to having a federal court familiar and experienced with the state law of Michigan adjudicate plaintiff's claims. See Defs.' Br. at 16; Pl.'s Opp'n Br. at 9. Moreover, it appears that a transfer to the Eastern District of Michigan would lead neither to unnecessary delay nor to more rapid resolution. See Defs.' Br. at 16 n. 14 (noting "no appreciable difference in the median time from filing to disposition in civil cases between the Eastern District of Michigan and the District of Columbia").
The final factor for the Court to consider is the local interest in deciding local controversies at home. Plaintiff argues that the DRIC and I-94 Rehabilitation projects do not present a "local controversy." Pl.'s Opp'n Br. at 10. Instead, he argues that his action is "first and foremost a dispute over whether Defendants complied with the federal statutes governing the actions they were required to take to comply with NEPA and the DOT Act." Pl.'s Opp'n Br. at 10. While this is undoubtedly true, the fact that plaintiff's cause of action arises under federal law does not mean that the subject of his lawsuit does not present an issue of local controversy. To the contrary, there can be no doubt that the projects at issue in this case will directly affect the lives of Michigan residents. As this Court recently recognized, "[b]ecause it is the jobs, homes, businesses, churches, parks, and historical properties of the people of Southwest Detroit that will be directly affected by the DRIC project ... the Eastern District of Michigan has a much stronger interest in this action than the District of Columbia." See Latin Americans for Soc. & Econ. Dev. v. Adm'r of the FHWA, No. 09-897, Docket No. 35 at 19 (D.D.C. Nov. 25, 2009), motion for reconsideration denied, 2009 U.S. Dist. LEXIS 122819 (D.D.C. Dec. 14, 2009) (transferring related action challenging the DRIC project to the Eastern District of Michigan). Likewise, there is a much stronger interest in having the I-94 Rehabilitation project decided in the forum where the challenged
In sum, having balanced plaintiff's choice of forum in the District of Columbia against the relevant private- and public-interest factors, the Court concludes that the balance of private and public interests counsels in favor of transferring this action to the judicial district with the greatest stake in the pending litigation—plaintiff's home forum and the site of the proposed DRIC and I-94 Rehabilitation projects— the Eastern District of Michigan. This conclusion is further bolstered by the fact that a related action is pending in the Eastern District of Michigan—Latin Americans for Social and Economic Development v. Administrator of the Federal Highway Administration, No. 10-10082-AC (E.D.Mich.).
For the foregoing reasons, the Court
