FAITH S. HOCHBERG, District Judge.
This matter comes before the Court upon Defendants Flowserve's, General Electric's, Goulds Pumps', and Tata Chemical's motion to transfer to the United States District Court for the District of Wyoming pursuant to 28 U.S.C. § 1404(a).
This matter arises out of Plaintiff Robinson's exposure to asbestos, his contraction of mesothelioma, and his eventual death. Plaintiffs allege that Mr. Robinson was exposed to asbestos while working at a soda ash factory in Wyoming, a job he held for close to 30 years. Plaintiff sued a number of parties connected to this factory, including the factory's current owner and several equipment suppliers. Only a handful of defendants remain: Flowserve, Goulds Pumps, Tata Chemical, and General Electric.
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." The purpose of § 1404(a) is to "prevent the waste of time, energy and money and to protect litigants, witnesses and the public against unnecessary inconvenience and expense." Van Dusen v. Barrack, 376 U.S. 612, 616 (1964) (internal quotations and citations omitted). A decision to transfer an action under this provision rests within the sound discretion of the District Court. Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 29 (1988).
On a motion to transfer pursuant to § 1404(a), the District Court must undertake a "flexible and individualized analysis," balancing the factors set forth in the statute as well as a number of other case specific factors. Courts in the Third Circuit apply the public and private interest factors outlined in Jumara v. State Farm Ins. Co., 55 F.3d 873, 879-80 (3d Cir. 1995). The private factors are: (1) the plaintiff's choice of forum; (2) the defendant's preference; (3) where the claim arose; (4) the convenience of the witnesses, but only to the extent they may be unavailable in one of the fora; (5) the convenience of parties; (6) the location of books and records; and the public factors are: (7) the enforceability of any judgment; (8) any practical considerations making trial easy, expeditious or inexpensive; (9) relative administrative difficulty resulting from court congestion; (10) the local interest in deciding local controversies at home; (11) the public policies of the fora; and (12) the trial judge's familiarity with applicable state law. Id. The analysis, however, should not be limited to these factors, and factors may have different relevance in particular cases. See Van Cauwenberghe v. Biard, 486 U.S. 517, 528-29 (1988). A court's decision to transfer should consider "all relevant factors to determine whether on balance the litigation would more conveniently proceed and the interests of justice be better served by transfer to a different forum." Jumara, 55 F.3d at 879.
A plaintiff's choice of venue is not to be "lightly disturbed," and the moving party has the burden of establishing that the proposed transferee forum is proper and that a balancing of the relevant considerations weighs in favor of transfer. Id.
First, the Court examines Jumara's private factors. Plaintiff clearly prefers to litigate in New Jersey.
Here, four of six private factors favor transfer, one factor favors not transferring, and one factor is neutral.
Next, the Court examines Jumara's public factors. First, it does not appear that there are any enforceability problems with a judgment in either Wyoming or New Jersey. The second factor asks the Court to consider if there are any practical considerations making trial easy, expeditious, or inexpensive. In this case, the District of Wyoming is much closer to the key witnesses and parties who will have to testify at trial. The next factor asks the Court to consider litigation congestion. It appears that the District of Wyoming is less congested than the District of New Jersey with respect to caseload per judge. (See Dkt. No. 96 at 4 (noting that the District of New Jersey has 546 weighted filings per judge while the District of Wyoming has 216 weighted filings per judge).)
Next the Court considers the local interests in deciding local controversies at home and the public policies of the fora. These are significant factors for this case. Based on the allegations, Wyoming has a substantial interest in the outcome of cases involving asbestos exposure that occurred in Wyoming. This matter involves a Wyoming resident exposed to asbestos in Wyoming and, thus, should be decided in Wyoming.
Finally, the Court should consider the trial judge's familiarity with the applicable state law. While the Court need not decide which state's law applies to this dispute, it appears likely that Wyoming law would apply to this dispute. However, because the Court does not decide this issue, this factor is neutral. Four of the public factors favor transfer and two are neutral.
The vast majority of factors favor transfer. After careful consideration, this Court finds that transfer to the District of Wyoming would be in the interest of justice and for the convenience of the parties and witnesses.
For the reasons stated above,