Williamson-Dickie Manufacturing Co. v. M/V Heinrich J
762 F. Supp. 2d 1023
S.D. Tex.2011Background
- Plaintiff Williamson-Dickie alleges cargo damage to a container shipment from Guatemala to Fort Worth due to water, mold, and mildew.
- Cargo traveled M/V HEINRICH J route: Guatemala to New Orleans, then New Orleans to Fort Worth; date of tender May 16, 2009.
- Defendants include Seaboard Marine Ltd. (movant), Evans Delivery Co., and Astor Heinrich J; Seaboard is charterer/operator of the vessel.
- Plaintiff seeks $138,028.98 plus interest; action filed May 6, 2010; Seaboard answered July 7, 2010.
- Seaboard moves to dismiss for improper venue under a forum selection clause (S.D. Florida) or alternatively to transfer under 28 U.S.C. § 1404(a).
- Court sits in the Southern District of Texas, Houston Division, and analyzes waiver and transfer under Rule 12(b)(3) and § 1404(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of improper venue via Rule 12(h) | Seaboard waived improper venue by failing to raise specific objection in answer. | Vague 12(b) language preserved seeking dismissal based on venue. | Waived; dismissal denied; venue defense not preserved. |
| Enforcement of forum-selection clause via dismissal vs. transfer | Transfer under § 1404(a) appropriate to honor clause. | Dismissal under Rule 12(b)(3) is proper to enforce forum selection. | Transfer not chosen as proper method since waiver applies; dismissal not favored given waiver and transfer posture. |
| Whether § 1404(a) factors justify transfer to Florida | Plaintiff's forum in Texas is suitable; Florida transfer unnecessary. | Transfer would be more convenient for witnesses and enforceability. | Private and public interest factors do not favor transfer; court denies transfer. |
Key Cases Cited
- In re Volkswagen AG, 371 F.3d 201 (5th Cir. 2004) (group of private/public factors for § 1404(a) balancing; no dispositive weight)
- Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22 (1988) (forum-selection clause consideration under § 1404(a))
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981) (public/private interest factors in transfer; forum clauses not dispositive)
- World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980) (local interest and foreseeability in forum state)
- Humble Oil & Ref. Co. v. Bell Marine Serv., 321 F.2d 53 (5th Cir. 1963) (good cause requires clear showing of convenience for transfer)
- Int'l Shoe Co. v. Washington, 326 U.S. 310 (1945) (minimum contacts standard for jurisdiction considerations)
- Gundle Lining Construction Corp. v. Fireman's Fund Ins. Co., 844 F. Supp. 1163 (S.D. Texas 1994) (considerations for accessibility of proof and witnesses in § 1404(a) analysis)