Smith v. Colonial Penn Insurance Co

943 F. Supp. 782 (S.D. Tex. 1996)

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Nature of the Case

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Facts

This is a breach of contract case based on an insurance contract entered into by P and D. D made a Motion to Transfer Venue from the Galveston Division to the Houston Division of the United States District Court for the Southern District of Texas pursuant to 28 U.S.C. §1404(a). : 'For 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.' 28 U.S.C. § 1404(a). The defendant bears the burden of demonstrating to the District Court that it should, in its sound discretion, decide to transfer the action. The Court weighs the following factors to decide whether a transfer is warranted: the availability and convenience of witnesses and parties, the location of counsel, the location of books and records, the cost of obtaining attendance of witnesses and other trial expenses, the place of the alleged wrong, the possibility of delay and prejudice if transfer is granted, and the plaintiff's choice of forum, which is generally entitled to great deference. D contends that because Galveston does not have a commercial airport into which D's employees and corporate representatives may fly into and out of which they may be expediently whisked to the federal courthouse in Galveston, such an inconvenience warrants transfer. D contends that it is a huge 'inconvenience' to fly into Houston and drive less than forty miles to the Galveston courthouse, an act that will 'encumber' it with 'unnecessary driving time and expenses.'