ELIZABETH T. HEY, Magistrate Judge.
In this products liability action, Plaintiff, Joanne Rehmeyer ("Plaintiff"), asserts claims of negligence, strict liability, and breach of warranty against Model Pattern Company, Inc. ("MP"), Parker-Hannifin Corporation ("Parker"), and Sidener Engineering Company ("Sidener") (collectively, "Defendants"), arising from personal injuries sustained at her workplace in Felton, Pennsylvania. Doc. 1.
The Complaint alleges that on November 7, 2014, Plaintiff was injured while working on a trim press in the course of her employment with automotive parts maker Key Plastics, when a portion of the trim press disconnected from its cylinder and descended, causing hand injuries. Complaint, Doc. 1-2 ("Complaint") ¶ 47.
On October 21, 2016, Plaintiff initiated this products liability lawsuit in the Philadelphia Court of Common Pleas. Philadelphia is located in this district, the Eastern District of Pennsylvania. 28 U.S.C. § 118(a). On October 25, 2016, Defendant Parker filed a notice of removal to the United States District Court for the Middle District of Pennsylvania, where it was docketed at Case No. 1:16-CV-2155, and assigned to the Honorable William W. Caldwell.
On April 12, 2017, Defendant Parker filed the present motion to transfer venue pursuant to 28 U.S.C. § 1404(a), arguing that the convenience of the parties and witnesses, and the interest of justice, weigh in favor of transferring the case back to the Middle District. Doc. 46. In response, Plaintiff argues that none of the relevant factors used in determining whether transfer is warranted under section 1404(a) favor transfer to the Middle District. Doc. 47. The other defendants have neither sought to join, nor opposed, Parker's motion.
For purposes of the present motion, and given the nature of this case, the primary pertinent facts are the location of potential trial witnesses and exhibits. Most of these facts may be gleaned from the pleadings and the parties' initial disclosures, and they are not disputed unless otherwise noted.
As stated above, Plaintiff is a resident of Shrewsbury in York County, Pennsylvania, and both her place of employment where the injury occurred and the medical facilities where she received treatment are located in York County. Complaint ¶¶ 1, 7; Pl.'s Initial Disclosures at 2-3. Defendant MP's principal place of business in Michigan, Defendant Parker's principal place of business is in Ohio, and Defendant Sidener's principal place of business is in Indiana. Complaint ¶¶ 4-6.
According to an incident report prepared by Key Plastics, their personnel made changes to the subject trim press during the summer of 2014, to change the mold/die being used,
According to Sidener's Initial Disclosures, individuals with relevant information about the subject cylinder include its own employees who work in the state of Indiana, and other individuals located at Key Plastics' headquarters located in Michigan.
The parties have not provided any affidavits or statements indicating that any potential witnesses would be unable to attend trial in either Harrisburg in the Middle District, or Philadelphia in the Eastern District.
Parker seeks a change of venue pursuant to 28 U.S.C. § 1404(a), which states: (a) 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 or to any district or division to which all parties have consented.
28 U.S.C. § 1404(a). Where, as here, all parties do not consent to transfer of venue, a defendant moving for transfer bears the burden of demonstrating that (1) the case could have been brought initially in the proposed transferee forum, (2) the proposed transfer will be more convenient for the parties and witnesses, and (3) the proposed transfer will be in the interest of justice.
Here, Plaintiff could have brought this action in the Middle District of Pennsylvania because she lives there, the workplace injury giving rise to this action occurred there, and Plaintiff's medical treatment occurred there as well.
The second and third requirements for change of venue require the court to weigh several private and public interest factors to determine whether transfer is appropriate.
The first factor, plaintiff's choice of forum, typically receives "paramount importance."
The second factor is the defendant's choice of forum. Here, moving Defendant Parker prefers the Middle District for the reasons identified in its motion, including that the injury occurred in York County, Plaintiff's medical treatment occurred in York County, and Plaintiff and many of the witnesses reside in York County.
The third factor is where the claim arose. Defendant Parker argues that Plaintiff's injury occurred in York County, Pennsylvania, implying that the claim therefore arose in the Middle District. Doc. 46-2 at 8. Plaintiff counters that "the operative facts in this products liability case are actually spread throughout numerous states," arguing that because Defendants Parker and Sidener made cylinder design decisions in Indiana and Ohio, and because the trim die at issue was manufactured by Defendant MP in Michigan, "there is no `ideal' forum that fully encompasses" this cause of action. Doc. 47 at 19 (ECF pagination). There is no dispute that Plaintiff was injured as a result of the November 7, 2014, workplace incident at Key Plastics in Felton, Pennsylvania, which is located in the Middle District, and that no design or manufacturing of the allegedly defective product occurred in the Eastern District. On the other hand, this is not a personal injury case arising from a slip and fall or defect in real property located in a specific location, but rather from an alleged defective product designed and manufactured in perhaps multiple locations in jurisdictions outside Pennsylvania. Therefore, although this factor weighs in favor of transfer due to the location of Plaintiff's workplace injury, it does so only marginally.
The fourth factor is the relative ease of access to the sources of proof. This factor should only be considered to the extent some information could not be produced in one of the forums at issue.
The fifth factor is the convenience of the parties. Defendant Parker argues that the Middle District could be more convenient for the reasons already cited, specifically because Plaintiff's workplace injury and medical treatment occurred in that district, and the subject trim press is located there. Ironically, although Plaintiff lives in the Middle District, Plaintiff disagrees. Instead, Plaintiff argues that Defendants never entered or performed any work on the subject press in either the Middle or Eastern Districts, and that corporate designees and important fact witnesses involved with the design, manufacture, and sale of the subject products are all located out-of-state and would be significantly inconvenienced by having to travel to the Middle District rather than the Eastern District. Doc. 47 at 16-17 (ECF pagination). For these individuals — identified as residing and/or working in Michigan, Oregon, Indiana, Illinois and/or Ohio, and thus from locations requiring air travel — Plaintiff correctly notes that travel to and from Philadelphia is significantly easier than travel to and from Harrisburg or any other city in the Middle District. As a result, this factor weighs against transfer.
The sixth factor is the compulsory process for the attendance of witnesses. Defendant Parker does not off any argument with regard to this factor. As previously noted, none of the potential witnesses in this case have asserted that they are unwilling to participate in a trial in the Eastern District. More importantly, even if the Key Plastics employees identified as potential witnesses were unwilling to testify in Philadelphia, they would be within range to be subpoenaed because Key Plastics' York County place of business is within 100 miles of Philadelphia.
The seventh factor is the convenience of the non-party witnesses. Although Plaintiff's Initial Disclosures identify non-party witnesses who reside in York Country in the Middle District, the distance between York County and Philadelphia County is not onerous, and such witnesses could travel to and from Philadelphia by road or passenger rail service — options which are clearly not practical for witnesses located in distant states. To the extent Parker argues that a more involved re-inspection of the subject trim press is anticipated, and that the re-inspection will occur in the Middle District,
The eighth factor is practical problems that make trial of a case expensive and inefficient. Defendant Parker has identified no practical problems that would make trial easier, expeditious, or less expensive in the Middle District as opposed to the Eastern District, except arguably those which have been discussed above. To the extent Parker argues that the subject trim press itself presents such a problem, the fact that it has already been moved from its original location indicates that it could presumably be transported to Philadelphia for trial as easily as it could be moved to Harrisburg for trial. Therefore, this factor is either neutral or weighs somewhat against transferring this case to the Middle District.
The last consideration is "public interest" factors, such as the imposition of jury service on persons with no connection to the dispute, the public's interest in avoiding duplicative litigation, and congestion of court dockets.
Upon a careful weighing of the factors for and against transfer of venue, I conclude that Defendant Parker has not met its burden and that private and public interest factors of convenience and fairness weigh in favor of trying this case in the Eastern District of Pennsylvania. Therefore, in the interest of justice, the motion to transfer venue pursuant to 28 U.S.C. § 1404(a) will be denied. An appropriate Order follows.
AND NOW, this day of May 2017, upon consideration of Defendant Parker-Hannifin Corporation's Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a) (Doc. 46), and Plaintiff's response (Doc. 47), IT IS HEREBY ORDERED that the motion is DENIED.