Seeligson v. Devon Energy Production Company LP, 3:16-cv-00082

Plaintiffs sue in the Eastern District of Texas (Marshall Division) under a contract dispute involving the GPPA with royalties on gas produced from wells in Denton and Wise Counties.
DEPCO is headquartered in Oklahoma City, Oklahoma; plaintiffs reside in Dallas, Texas.
Plaintiffs seek to represent a nationwide class of persons with similar interests in gas processed at the Bridgeport Plant.
DEPCO moves to transfer venue to the Sherman Division under 28 U.S.C. § 1404(a).
The court applies § 1404(a) with private and public factors to determine convenience of transfer and ultimately DENIES transfer.
Key evidentiary issues discussed include accessibility of documents and admissibility of prior settlement documents; the court treats these as factors in the transfer analysis.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is transfer to Sherman warranted under § 1404(a)?	Marshall is more convenient for witnesses and documents.	Sherman is clearly more convenient for DEPCO and DGS documents and witnesses.	No transfer; not clearly more convenient.
Private factor: relative ease of access to proof	DEPCO documents are centralized in Oklahoma City; Marshall is less convenient for such materials.	DEPCO and DGS records in Oklahoma City; Marshall witnesses more accessible to plaintiffs.	Neutral; neither side shows clear superiority.
Private factor: availability of compulsory process	Marshall can compel witnesses; some third parties may be beyond 100 miles from Sherman.	Sherman division has compulsory process over DEPCO/DGS witnesses; some third parties cannot be compelled in Marshall.	Neutral; both divisions have similar compulsory process reach, with caveats.
Private factor: other practical problems	Overall convenience favors Marshall due to local connections and party witnesses.	Overall convenience favors Sherman given DEPCO’s and DGS’s locations and witnesses.	Neutral; generally neutral factor.
Public factor: local interest and other considerations	Texas plaintiffs and wells create local interest in Marshall; class spread suggests broader interest.	DEPCO's Oklahoma City base and Dallas plaintiffs imply broader, not Sherman-specific interest.	Slightly weighs in favor of transfer but not clearly decisive.

In re Volkswagen AG, 371 F.3d 201 (5th Cir. 2004) (the threshold 'district could have been sued' and the 1404(a) analysis)
In re Volkswagen of Am., Inc., 545 F.3d 304 (5th Cir. 2008) (plaintiff's choice of venue not a factor; transfer factors guide convenience)
In re Radmax, Ltd., 720 F.3d 285 (5th Cir. 2013) (transfer between divisions of same district; factors apply evenly)
Humble Oil & Ref. Co. v. Bell Marine Serv., Inc., 321 F.2d 53 (5th Cir. 1963) (private factors include ease of access to sources of proof and witnesses)