MICHAEL J. NEWMAN, Magistrate Judge.
This case is before the Court on Plaintiffs' motion to transfer (doc. 48), Defendants' memorandum in opposition (doc. 51), and Plaintiffs' reply (doc. 53). Plaintiffs move this Court — under 28 U.S.C. § 1404(a) and on forum non conveniens grounds — to transfer this case to the United States District Court for the Central District of California, Southern Division, Santa Ana, where this case originated prior to being transferred to this Court in August 2013. For the reasons that follow, Plaintiffs' motion is denied.
Plaintiffs Dennis Baglama and Coto Enterprises, LLC (hereinafter collectively referred to as "Plaintiffs") allege that Defendants MWV Consumer & Office Products and ACCO Brands Corporation (collectively "Defendants") impermissibly used their product designs to manufacture and sell office planning and organization products. Doc. 1 at PageID 5. On February 24, 2012, Defendants commenced an action in this Court, Case No. 3:12-cv-060 ("the Ohio Action"), seeking declaratory relief "that [Defendants are] not liable to [Plaintiffs] for (1) breach of express contract, (2) breach of implied [contract], or (3) misappropriation of intellectual property." Ohio Complaint at ¶ 1. On July 25, 2012, Plaintiffs commenced this separate action in the United States District Court for the Central District of California ("the California Action"), alleging breach of contract and other related claims. On August 19, 2013, the California Court granted Defendants' motion to transfer the California Action to this Court. Doc. 25. Approximately one week later, the parties jointly moved to dismiss the Ohio Action with prejudice — a request the Court granted. Thereafter, the parties continued litigating this case, and proceeded to engage in discovery. Defendants moved for summary judgment on April 17, 2014. Doc. 37. In response, Plaintiffs filed the instant motion to transfer this case back to the Central District of California on May 19, 2014. Doc. 48.
Plaintiffs argue that the factors enumerated in 28 U.S.C. § 1404(a) weigh in favor of transferring this case back to the California Court.
Courts interpreting § 1404(a) must engage in a two-step analysis. The first step involves the question as to "whether the action `might have been brought' in the transferee court." Kay, 494 F.Supp.2d at 849. "An action `might have been brought' in a transferee court if: (1) the court has jurisdiction over the subject matter of the action; (2) venue is proper there; and (3) the defendant is amenable to process issuing out of the transferee court." Sky Techs. Partners, LLC v. Midwest Research Inst., 125 F.Supp.2d 286, 291 (S. D. Ohio 2000) (citations omitted). If "a case could have been brought in the transferee court, the issue becomes whether the transfer is justified under the balance of the language of Section 1404(a)." Jamhour v. Scottsdale Ins. Co., 211 F.Supp.2d 941, 945 (S.D. Ohio 2002).
Plaintiffs fail to address this threshold question in their motion. See doc. 48. The California Court, through its unchallenged Transfer Order (doc. 25),
Doc. 25 at PageID 302 (footnote added). Plaintiffs present no new factual allegations regarding this issue or any additional arguments. Accordingly, the Court declines to revisit the California Court's unchallenged ruling on this matter and defers to its reasoned conclusion.
Assuming arguendo, that Plaintiffs could satisfy the threshold inquiry at step one of the § 1404(a) analysis, they must also demonstrate that "transfer is justified for the convenience of parties and witnesses and in the interest of justice." Kay, 494 F.Supp.2d at 849-50; see also Dayton Superior Corp. v. Yan, 288 F.R.D. 151, 165 (S.D. Ohio 2012) (Rose, J.). In conducting this analysis, the Court considers the interests of the parties to the case; specifically the "relative ease of access to sources of proof, availability of compulsory process for attendance of unwilling [witnesses], and the cost of obtaining attendance of willing witnesses . . . and all other practical problems that make trial of the case easy, expeditious and inexpensive." Jamhour, 211 F. Supp. 2d at 945. In addition to the interests of the parties, the Court also balances and considers "docket congestion, the burden of trial to a jurisdiction with no relation to the cause of action, the value of holding a trial in a community where the public affected live, and the familiarity of the court with the controlling law." Id.
Plaintiffs argue that "[t]he California forum would be more convenient for Plaintiffs, given that Plaintiffs are located in California . . . [and] they originally chose that forum to institute their suit." Doc. 48 at PageID 484. Additionally, they state that Defendants are much larger than Plaintiff Coto, and thus can "more easily bear the expense of conducting litigation in another state." Id. Regarding convenience of witnesses, Plaintiffs argue that their "principal witnesses are located in California" whereas Defendants' witnesses are mainly located in New York and, therefore, Defendants would be no more inconvenienced in California than Ohio. Id.
The Court finds Plaintiffs' arguments in this regard unpersuasive. Plaintiffs essentially argue that their convenience should be given preference. A transfer is not proper "if that transfer would only shift the inconvenience from one party to another." United States ex rel. Roby v. Boeing Co., No. 1:95-cv-375, 1998 WL 54976, at *1 (S.D. Ohio Jan. 21, 1998); see also Lassak v. Am. Def. Sys., No. 2:06-cv-1021, 2007 WL 1469408, at *2 (S.D. Ohio Nov. 28, 2011) (finding "some inconvenience to one or more parties will exist no matter which forum is chosen" and, therefore, "if a change of venue serves merely to shift the inconvenience from the plaintiff to the defendant, a change of venue is improper").
Additionally, Plaintiffs fail to identify any witnesses located in California and ignore the fact that six out of Defendants' twelve witnesses — identified as essential to this case — reside in Dayton. Doc. 10 at PageID 49. See Bacik v. Peek, 888 F.Supp. 1405, 1409 (N.D. Ohio 1993) (finding that "[i]f a party has merely made a general allegation that witnesses will be necessary, without identifying them and indicating what their testimony will be[,] the application for transfer will be denied").
Additionally, consideration of the "interest of justice" factors strongly favors denial of the request to transfer. These include consideration of "the forum the case can be tried more inexpensively and expeditiously . . . whether transfer is in the "interest of justice" . . . and judicial economy." Betco Corp. v. Peacock, No. 3:12-cv-1045, 2014 WL 809211, at *9 (N.D. Ohio Feb. 28, 2014) (citation omitted). This case has proceeded in this Court for nearly twelve months and both sides have engaged in extensive discovery here. See, e.g., docs. 32, 36, 50. Moreover, discovery is now concluded and Defendants have moved for summary judgment in this Court. Doc. 37. Accordingly, the interests of justice strongly weigh in favor of denying transfer.