MARK A. KEARNEY, District Judge.
We today address venue in a personal injury case brought by a Florida citizen against a Kentucky citizen arising from an accident involving a hotel van in Chicago. Congress does not permit venue here — except the injured Floridian hired a Philadelphia lawyer who originally sued a Maryland/Delaware citizen in Philadelphia state court. The defendant removed here. The parties cannot show a reason to litigate the case in this federal court and, at one point, the defendant requested transfer to the Northern District of Illinois. Hours later, the defendant filed an amended memorandum deleting its request for transfer to the Northern District. This curious change resulted in our rule to show cause as to why we should not transfer under 28 U.S.C. §1404(a). In response, we now confirmed the only connection to this District is the parties' lawyers and a treating physician are here. As venue is properly focused on the parties, not their lawyers, we must transfer to the district where the accident occurred, with the key witnesses and most familiar with the Illinois negligence standards. In the accompanying Order, we transfer venue to the Northern District of Illinois.
Floridian James Stanley allegedly sustained injuries in a Chicago Marriott O'Hare transportation van owned by Columbia Sussex Management, LLC.
Mr. Stanley's Philadelphia lawyer sued Marriott International in the Court of Common Pleas for Philadelphia County.
Mr. Stanley's only reason for retaining venue is because his Philadelphia lawyer and the Kentucky defendant's Philadelphia lawyer agreed not to object to venue. Neither party is a Pennsylvania citizen. The only nexus is the lawyers and his treating physician practices here. The lawyers' preference — especially when neither party resides here — is not enough. This is a federal court responsible to annually resolve thousands of disputes involving issues affecting Pennsylvania interests. We are not a private arbitration forum. We are not reviewing a contractual forum selection clause. We are reviewing venue for a personal injury case brought by a Florida citizen against a Kentucky citizen occurring in Chicago and governed by Illinois negligence law.
Under 28 U.S.C. §1404(a), a district court "[f]or the convemence of parties and witnesses, in the interest of justice, . . . 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 consented." "Section 1404(a) is intended to place discretion in the district court to adjudicate motions for transfer according to an individualized, case-by-case consideration of convenience and fairness."
Under §1404(a), we first ask whether the alternate venue is one in which the case "might have been brought."
Having found Mr. Stanley might have brought his personal injury case in Florida, Kentucky or Illinois, we enjoy broad discretion and decide the most convenient venue on a case-by-case basis.
The Jumara private interest factors include:
The Jumara public interest factors include:
The totality of these private and public interest factors weigh in favor of transfer to the Northern District of Illinois. While we ordinarily give deference to a plaintiffs choice of forum, he chose the Court of Common Pleas of Philadelphia County which is not the state court for his residence. Columbia Sussex's challenged conduct occurred entirely in the Northern District of Illinois. The knowledgeable witnesses to the auto accident are located in Illinois. The accompanying records are generated in Illinois. The witnesses in this District can be deposed to the extent necessary. While Columbia Sussex does not challenge our personal jurisdiction over it, we find a claim based entirely upon conduct relating to an accident involving witnesses and documents in Illinois is more appropriately resolved under Fed.R.Civ.P. 1 and Section 1404(a) in the Northern District of Illinois which enjoys personal jurisdiction over Columbia Sussex for a personal injury occurring within its District.
The private interest factors, considered as a whole, are neutral. While contractual forum selection clauses may eliminate our need to consider the parties' private interests, we are not addressing a forum selection clause signed by the parties. Even when reviewing a forum selection clause, we only presume the parties' intent is defined by their agreement subject to our review. As the Supreme Court recently reminded us, forum selection is not the same as venue.
Mr. Stanley is a Florida citizen. He retained a Philadelphia lawyer to recover for alleged negligence in Illinois. He treated with a Pennsylvania doctor after the alleged negligence. But he argues it will be more convenient to him personally if the case remains in the Eastern District of Pennsylvania because he travels here for work and has family here.
His preference for a venue which is not his home is entitled to less deference. His choice "is not dispositive and receives less weight when none of the operative facts occurred" here.
Mr. Stanley concedes his choice of forum is given less deference since the incident did not occur here, but claims his choice is "still most important" in reference to the Jumara factors.
Columbia Sussex also prefers to litigate this case involving its Illinois' agents' conduct here. It does not establish minimum contacts with the Eastern District. We afford limited weight favoring venue in this District but it cannot overcome the great majority of considerations requiring transfer.
Mr. Stanley sues Columbia Sussex for an accident in Chicago. This factor weighs in favor to transfer to the Northern District of Illinois.
We are concerned with the convenience of the parties. Not the counsel. But the parties seemingly believe this venue is convenient. The two witnesses identified in this District (including a treating physician) can be deposed here. If the case remained here, Columbia Sussex would need to produce Illinois citizens for deposition there and, if necessary, procure their appearance here. This factor is neutral.
Mr. Stanley refers to the witnesses as "expected" to testify.
Mr. Stanley does not allege witness inconvenience in appearing at trial in Chicago. The witnesses will be deposed in their home districts. Mr. Stanley must give us a number of witnesses, the materiality of the witnesses, distance from each potential court, and length of time each witness must appear at trial.
The records relating to the Chicago accident — with the exception of medical treating records — are in the Northern District of Illinois. The medical records will be produced regardless of the venue. We are aware of no inconvenience in either venue. This factor is neutral.
The public interest factors strongly weigh in favor of transfer.
Both this Court and the Northern District of Illinois can enforce the judgment and transfer to Kentucky. Mr. Stanley's counsel claims Columbia Sussex has assets in each District. We are not sure but the amended complaint confirms Columbia Sussex has assets in the Northern District of Illinois — this hotel and van.
We may retain venue if trial would be easy, expeditious, and inexpensive. Columbia Sussex does not have a principal place of business in Pennsylvania.
We try to ensure a forum with no interest in the issue does not over congest its court system. Mr. Stanley does not address this factor. Both this District and the Northern District of Illinois are busy urban courts. Congress commissioned 22 active judgeships for each District and both Districts have four vacancies in commissioned judges. There is no suggestion that allowing the case to remain here or transferring it to the Northern District of Illinois will congest either of the courts. When there is no evidence of difference between the fora, this factor is neutral.
No matter how small the home forum's interest in solving the issue may be, it must outweigh any interest the chosen forum may possess.
Mr. Stanley offers no public policy reason to retain the case here. This is a negligence case against a hospitality business operating in Chicago. Illinois has a greater interest in ensuring its public policy of enforcing its negligence law than we do. This factor favors transfer.
Illinois law governs Mr. Stanley's negligence claim. If the other factors favored retaining venue, we may apply Illinois law, but the Northern District of Illinois is better suited. A court in Illinois would have extensively more experience interpreting and applying Illinois law than we will. This factor weighs in favor of transfer.
After careful analysis of the Jumara factors and exercising our broad discretion, we transfer the Florida citizen's claim for negligence against a Kentucky citizen arising from alleged negligence in Illinois to the Northern District of Illinois.