ROSEMARY M. COLLYER, District Judge.
Pending before the Court is U.S. Defendants' motion to transfer venue to the United States District Court for the Eastern District of Michigan.
Plaintiffs are the owners and operators of the Ambassador Bridge, a toll bridge and international causeway between the United States and Canada, which spans from Detroit, Michigan to Windsor, Canada. Plaintiffs own the exclusive right, protected by treaty, statute, and contract, to collect tolls on the Ambassador Bridge — one of the busiest links between the U.S. and Canada — which carries over one quarter of commercial truck traffic and substantial car traffic between the two nations. Plaintiffs believe Canada has long wanted to expropriate their profitable toll-collection rights, and lacking any means to do so, has begun a campaign with the complicity of U.S. Defendants to undermine the value of Plaintiffs' rights in the Ambassador Bridge. Among other things, Plaintiffs complain that the U.S. Coast Guard's delay and ultimate denial of their requests for environmental clearance and a navigation permit to build a second span on the Ambassador Bridge to offer more driving lanes were unlawful and pretextual. The pretext to slow any upgrades to the Ambassador Bridge, Plaintiffs argue, arises from a joint effort by the United States and Canada to promote and construct a new jointly-owned, international crossing, the DRIC Bridge, which would lie within the immediate vicinity of the Ambassador Bridge. Plaintiffs also challenge actions by the Federal Highway Administration in promoting the construction of the DRIC Bridge. The Ambassador Bridge connects to Canada from the Eastern
U.S. Defendants argue transfer is warranted under the discretionary transfer provision of 28 U.S.C. § 1404(a). Section 1404(a) authorizes a court to transfer a civil action to any other district where it could have been brought "for the convenience of parties and witnesses, in the interest of justice." 28 U.S.C. § 1404(a). Section 1404(a) vests "discretion in the district court to adjudicate motions to transfer according to 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)). U.S. Defendants bear the burden of establishing that (a) Plaintiffs could have originally brought the action in the Eastern District of Michigan, and that (b) considerations of convenience and the interest of justice weigh in favor of transfer to that court. See Van Dusen, 376 U.S. at 622-23, 84 S.Ct. 805; Trout Unlimited v. Dep't of Agric., 944 F.Supp. 13, 16 (D.D.C. 1996).
U.S. Defendants do not dispute that venue is properly before this Court; neither do Plaintiffs contest that they could have originally brought suit against U.S. Defendants in the Eastern District of Michigan. However, Plaintiffs contend that Canada could only have been sued in the District, and not the transferee forum, per 28 U.S.C. § 1391(f)(4).
Assuming arguendo that the matter could have been originally brought in the Eastern District of Michigan, the Court finds transfer is not warranted for "the convenience of the parties and witnesses, in the interest of justice." 28 U.S.C. § 1404(a). Under § 1404(a), a court must balance a number of case-specific private and public interest factors which collectively fall under the rubric of "interest of justice." See Stewart Org., 487 U.S. at 30, 108 S.Ct. 2239. Specifically:
Trout Unlimited, 944 F.Supp. at 16. "A court has broad discretion to determine where the proper balance lies and whether a case should be transferred." See Thayer/Patricof Educ. Funding, L.L.C. v. Pryor Res., 196 F.Supp.2d 21, 31 (D.D.C. 2002).
The majority of the private interest factors are either neutral or indicate that transfer is not justified. Transfer is not necessary for the convenience of the parties and/or witnesses. It is hardly inconvenient for U.S. Defendants to litigate in the District, where they are headquartered, and the convenience of witnesses is not at issue as U.S. Defendants acknowledge that the matter will likely be decided on the administrative record and not likely necessitate the live testimony of witnesses. Access to proof is not implicated here as, again, the matter will be decided on an administrative record. Lastly, there is no indication that this forum is inconvenient to Canada as it has not chosen to contest venue here or offer how its private interests are affected by the motion.
U.S. Defendants also argue that the claims arose elsewhere — in the Eastern District of Michigan. The complaint focuses heavily on alleged actions by the U.S. Coast Guard, the Federal Highway Administration, and Canada, and collusion among the three, to interfere with Plaintiffs' treaty, statutory, contractual and constitutional
The Court does not doubt that a substantial part of the events leading to these claims occurred in the Eastern District of Michigan, but it is clear that the same can be said of the District. A claim may arise in more than one forum, just as proper venue may exist in more than one judicial district. See Lamont v. Haig, 590 F.2d 1124, 1134 (D.C.Cir.1978); Weinberger v. Tucker, 391 F.Supp.2d 241, 244 (D.D.C. 2005). Ultimately, "although substantial, the connections to [the Eastern District of Michigan] are no more significant than those to the District of Columbia." Shapiro, Lifschitz & Schram, P.C. v. R.E. Hazard, Jr. Ltd. Pshp., 24 F.Supp.2d 66, 71 (D.D.C.1998). Accordingly, while it may be said that the claims also arose in the Eastern District of Michigan, the Court cannot find that the claims only arose elsewhere. This simply is not a case in which the facts underlying the claims have only a tangential or minimal connection to the District; the factor of where the claims arose is neutral and does not support transfer.
Furthermore, in considering the private interest factors, the Court begins with the presumption that Plaintiffs' forum choice should be left undisturbed. See Sinochem Int'l Co. v. Malay. Int'l Shipping Corp., 549 U.S. 422, 430, 127 S.Ct. 1184, 167 L.Ed.2d 15 (2007) (noting that the movant "ordinarily bears a heavy burden in opposing the plaintiff's chosen forum," but "[w]hen the plaintiff's choice is not its home forum, however, the presumption in the plaintiff's favor `applies with less force'") (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 255-56, 102 S.Ct. 252, 70 L.Ed.2d 419 (1981)); see also Weinberger, 391 F.Supp.2d at 245.
The applicable public interest factors also favor denying the motion. The first two public interest factors do not favor either the District or the Eastern District of Michigan because the court in both venues would be equally competent and familiar with the governing federal law and because both courts are equally congested. U.S. Defendants assert, however, that the third public interest factor — the local interest in deciding local controversies at home — weighs heavily in favor of transfer.
Nat'l Wildlife Fed'n v. Harvey, 437 F.Supp.2d 42, 49 (D.D.C.2006).
One side of the Ambassador Bridge and the proposed DRIC Bridge fall within the jurisdiction of the Eastern District of Michigan. Whether Plaintiffs are permitted to expand or modify the Ambassador Bridge, and whether the DRIC Bridge is built and its exact location, would greatly affect the citizens of the Eastern District of Michigan given their immediacy to the bridges, and the likelihood that they may enjoy the use of such bridges more than citizens of other judicial districts. While the outcome of this matter could have substantial consequences for the people of Michigan, this case nonetheless implicates both national and international concerns, and cannot be said to be a local controversy.
The gravamen of the complaint is that federal agencies unlawfully interfered with Plaintiffs' rights in the Ambassador Bridge. As noted above, it appears that a substantial part of the decision-making challenged by Plaintiffs occurred in the District, although some aspects undoubtedly occurred in the Eastern District of Michigan as well; it can be said that the challenged decision and controversy occurred in both venues. Also, this matter does not qualify as a local controversy because federal laws rather than State or local property laws are directly implicated, and because officials in the District of Columbia were personally involved in the controversy.
Most importantly, this case has national significance rather than a mere "national aspect." See Sierra Club v. Flowers, 276 F.Supp.2d 62, 71 (D.D.C.2003). The case involves important questions regarding an international border crossing, also part of the national transportation infrastructure; a proposed international project with Canada; and, to a lesser extent, relations between the United States and Canada, including Plaintiffs' allegations that the two nations colluded to injure Plaintiffs' interests. A matter which could have dramatic effects on international crossings, directly implicating Canada's involvement in such matters, can hardly be called local.
The strongest argument in U.S. Defendants' favor is that judicial economy favors transfer as similar litigation already proceeds before the Eastern District of Michigan. It is clear that "parallel litigation of factually related cases in separate fora is inefficient" and is recognized as a judicial inconvenience. Handy v. Shaw, Bransford, Veilleux & Roth, 325 F.3d 346, 349 (D.C.Cir.2003). "The pendency of a related action in the transferee forum weighs in favor of a transfer." Fanning v. Capco Contrs., Inc., 711 F.Supp.2d 65, 71 (D.D.C.2010). "However, the Court must also consider the extent to which the cases are truly related and the possibility that the defendant is forum shopping." Id.
Plaintiff Detroit International Bridge Company is currently challenging the Federal Highway Administration's approval of the environmental impact statement for the DRIC Bridge project in the Eastern District of Michigan under the Administrative Procedure Act; the National Environmental Policy Act (NEPA), 42 U.S.C.
To be sure, there will be some factual overlap between the two cases. However the matters are sufficiently distinct in terms of relevant parties, facts, and the nature of the claims and relief, that the pendency of the suit in the Eastern District of Michigan does not outweigh all other considerations which indicate that venue is proper in the District of Columbia. U.S. Defendants have failed to sustain their burden under 28 U.S.C. § 1404(a) to demonstrate otherwise.
Accordingly, U.S. Defendants' motion to transfer venue to the U.S. District Court for the Eastern District of Michigan will be denied.