ANN D. MONTGOMERY, District Judge.
On May 9, 2016, the undersigned United States District Judge heard oral argument on Defendant Robert White's Motion for Summary Judgment, Motion to Dismiss for Lack of Personal Jurisdiction, or in the alternative Motion to Transfer Venue [Docket No. 26]. For the reasons set forth below, Defendant's motion is granted in part and denied in part.
This dispute arises out of sexual abuse that allegedly occurred between 1968 and 1976.
Milham and White took multiple trips together through their involvement in Troop 5. Milham Aff. ¶¶ 4-6; White Aff. ¶ 3. The Troop held "monthly events including camping, hiking, biking, and skiing" as well as an annual "High Adventure Trip." White Aff. ¶ 3. Most of the High Adventure Trips are recounted in detailed log books written by one of the troop leaders and distributed to the participants at the conclusion of each trip.
Milham and White also took trips alone together. Milham alleges that White took him on trips to White's home in Kalamazoo, Michigan; White's lake house in Grass Lake, Michigan; White's home in St. Petersburg, Florida; and Camp Rota Kiwan in Texas Township, Michigan. Milham Aff. ¶ 6.
Milham claims that White sexually abused him during all these trips.
Apart from the alleged trip to Park Rapids, the parties have had limited contact with Minnesota. The log books indicate that they both traveled through the state on their way to the 1973 National Jamboree in Idaho. Kjellberg-Nelson Aff. Ex. G at RGW-260. Milham also visited relatives in Minnesota once or twice in the early 1970s.
Milham filed this lawsuit on June 22, 2015 in Minnesota state court alleging that White engaged in sexual abuse as defined by Minn. Stat. § 541.073, subd. 1. Compl. [Docket No. 1-1] at ¶¶ 18-20. White removed the case to federal court based on diversity jurisdiction on August 19, 2015. Notice Removal [Docket No. 1].
White has brought a Motion for Summary Judgment, Motion to Dismiss for Lack of Personal Jurisdiction, or in the alternative Motion to Transfer Venue. Because transferring this case to the Western District of Michigan is appropriate, the remaining parts of White's motion will not be addressed here.
Section 1404(a), the general transfer provision, provides: "For the convenience of the 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."
The first factor to consider under § 1404(a) is the convenience of each venue for the parties. "[T]he general rule is that transfer should not be granted if the effect is simply to shift the inconvenience from one party to the other."
Minnesota is not the home forum of either party in this case. Milham is an Arizona resident, and White is a Michigan resident. Prior to this lawsuit, neither of them had even visited Minnesota for over 25 years. Litigating in Minnesota would inconvenience both parties.
Michigan, in contrast, is White's home forum. Litigating in Michigan would reduce the inconvenience to White without substantially increasing the inconvenience to Milham. Traveling from Arizona to Michigan is comparable to traveling from Arizona to Minnesota. And although Milham retained Minnesota counsel, "it is axiomatic that convenience to plaintiff's counsel `is not a factor to be considered in deciding the propriety of transfer.'"
The second factor to consider under § 1404(a) is the convenience of each venue for the witnesses. Relevant considerations under this factor include the number of essential non-party witnesses, their location, and the preference of the court for live testimony as opposed to depositions.
Minnesota is home to only one witness identified by the parties in this case: Milham's retained expert witness. The convenience of expert witnesses, however, is given little weight in the transfer analysis because expert witnesses "typically are well-compensated for their time and, accordingly, will travel to testify where needed."
Michigan, on the other hand, is home to a strong plurality of the witnesses identified by the parties.
The final factor to consider under § 1404(a) is the interests of justice. In assessing this factor, courts typically consider "(1) judicial economy, (2) the plaintiff's choice of forum, (3) the comparative costs to the parties of litigating in each forum, (4) each party's ability to enforce a judgment, (5) obstacles to a fair trial, (6) conflict of law issues, and (7) the advantages of having a local court determine questions of local law."
Milham argues that his choice of forum weighs heavily in his favor. Generally, there is a presumption in favor of a plaintiff's choice of forum, but courts give that choice significantly less deference when the plaintiff does not reside in the selected forum.
Milham also argues that Minnesota has a significant interest in providing a forum for this case because the underlying events occurred here. Actually, only one underlying event occurred in Minnesota—the alleged abuse at the Northern Lights Wilderness Campground in Park Rapids. Milham also alleges at least 100 other instances of abuse across 21 other states. Am. Compl. ¶¶ 12, 14. Michigan is where at least three instances of abuse occurred, because Milham alleges that White abused him at White's home, lake house, and a campground in that state. Milham Aff. ¶ 6. Michigan was also home to Troop 5, the organization through which Milham and White came to know each other and travel together. Accordingly, Michigan has a stronger interest than Minnesota in providing a forum for this case. The interests-of-justice factor also favors transfer.
Together, the § 1404(a) factors overwhelmingly support transfer. This case will therefore be transferred to the Western District of Michigan.
Based upon the foregoing, and all of the files, records and proceedings herein,
The clerk of court shall close this case and transfer it to the Western District of Michigan.