BAKALI v. JONES
2:17-cv-01162
W.D. Pa.Sep 5, 2017Background
- Motor-vehicle accident in Fallowfield Township, Washington County, Pennsylvania, causing the death of Osman M. Bakali (Ohio resident).
- Defendant-driver Glenn A. Jones is a New Jersey resident; vehicle owned by Eagle Express Lines, Inc., incorporated and headquartered in Illinois.
- Plaintiff Abdur Rauf Bakali (Administratrix) sued in New Jersey Superior Court, Middlesex County; defendants removed to federal court and moved to transfer venue.
- Defendants sought transfer to the U.S. District Court for the Western District of Pennsylvania under 28 U.S.C. § 1404(a).
- Key convenience facts favoring transfer: accident location, responding police/EMS/coroner in Pennsylvania, and three eyewitnesses residing in Pennsylvania; New Jersey’s only connection was Jones’s domicile.
- Plaintiff did not oppose the motion; court granted transfer and ordered the Clerk to transfer the action to the Western District of Pennsylvania.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether transfer under 28 U.S.C. § 1404(a) is appropriate | No opposition filed (implicitly defends plaintiff's original forum choice) | Transfer appropriate because case could have been filed in transferee district and convenience/public-interest factors favor Pennsylvania | Transfer granted; case sent to Western District of Pennsylvania |
| Weight of plaintiff's forum choice when plaintiff is not a resident of chosen forum | Plaintiff's choice deserves some weight but less if forum is not plaintiff’s home forum | Defendants argued less deference is due because New Jersey is not plaintiff’s home and case connections are to Pennsylvania | Court applied reduced weight to plaintiff’s forum choice and found other factors outweighed it |
Key Cases Cited
- Jumara v. State Farm Ins. Co., 55 F.3d 873 (3d Cir. 1995) (establishes the multi-factor test for § 1404(a) transfers)
- Shutte v. Armco Steel Corp., 431 F.2d 22 (3d Cir. 1970) (discusses deference to plaintiff’s venue choice)
- LG Elecs. Inc. v. First Int'l Computer, 138 F. Supp. 2d 574 (D.N.J. 2001) (plaintiff’s forum choice not dispositive and given less weight when not home forum)
- NCR Credit Corp. v. Ye Seekers Horizon, 17 F. Supp. 2d 317 (D.N.J. 1998) (supports reduced deference to plaintiff’s forum when it is not plaintiff’s home forum)