Commercial Litigation and Arbitration

§ 1404(a) Standards — Second Circuit

From Whitney Lane Holdings, LLC v. Sgambettera & Assocs., PC, 2010 U.S. Dist. LEXIS 114467 (E.D.N.Y. Sept. 8, 2010):

To transfer venue under 28 U.S.C. § 1404(a), the Court engages in a two-pronged inquiry. *** First, the court asks whether the action sought to be transferred is one that "might have been brought" in the requested transferee court. *** "If the proposed venue is proper, the court then considers whether the transfer will serve the convenience of witnesses and parties and is in the interests of justice." *** When analyzing the second prong, the Court examines several factors, including: (1) convenience of the parties; (2) convenience of witnesses; (3) relative means of the parties; (4) locus of operative facts and relative ease of access to sources of proof; (5) attendance of witnesses; (6) the weight accorded the plaintiff's choice of forum; (7) calendar congestion; (8) the desirability of having the case tried by the forum familiar with the substantive law to be applied; (9) practical difficulties; and (10) trial efficiency and how best to serve the interests of justice, based on an assessment of the totality of material circumstances. *** None of these factors are dispositive; rather, the Court weighs them all in making its determination. *** In so weighing, the Court has broad discretion to determine whether transfer is warranted.

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