JM Computer Services, Inc. v. Schlumberger Technologies, Inc.
JM Computer Services, Inc. v. Schlumberger Technologies, Inc.
Opinion of the Court
MEMORANDUM AND ORDER
Defendant Sehlumberger Technologies, Inc. (“Sehlumberger”) seeks to transfer the above-captioned action from the Southern District of New York to the Northern District of California. Plaintiff JM Computer Services, Inc. (“JM Computer”) opposes such a transfer. Construing the parties’ letters and the discussion at the conference held on April 20, 1995 to be the motion and plaintiff’s response, defendant’s motion is granted, and this case shall be transferred to the Northern District of California.
The statutory provision at issue in this action is § 1404(a), which states:
For 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 factors that a district court considering a § 1404(a) transfer include:
(1) the place where the operative facts occurred; (2) the convenience to parties; (3) the convenience of witnesses; (4) the relative ease of access to sources of proof; (5) the availability of process to compel attendance of unwilling witnesses; (6) the plaintiffs choice of forum; (7) the forum’s familiarity with the governing law; and (8) trial efficiency and the interest of justice.
Associated Artists Entertainment, Inc. v. Walt Disney Pictures, No. 93 Civ. 3934 (RJW), 1994 WL 708142 at *2 (S.D.N.Y. Dec. 19, 1994) (citations omitted). See also Carrie Forbes, Inc. v. Gap, Inc., No. 94 Civ. 5337 (LLS), 1994 WL 693554 at *1 (S.D.N.Y. Dec. 9, 1994) (citations omitted).
In considering these factors in the context of the instant case, there is little doubt that transferring this action to the Northern District of California is appropriate. Neither party is a New York corporation or has its principal place of business in New York. (Def. 4/10/95 Ltr. at 3.)
At the conference, plaintiff argued that § 1404(a) does not apply to antitrust eases where venue is governed pursuant to 15 U.S.C. § 22. However, such a position is certainly not supported by the statutory language,
Notwithstanding the special venue provisions of the Clayton Act, 15 U.S.C.A. §§ 12, 22, a civil antitrust action may be transferred pursuant to 28 U.S.C.A. § 1404(a). Smithkline Corp. v. Sterling Drug, Inc., 406 F.Supp. 52, 56-7 (D.Dela. 1975); 1 Moore’s Federal Practice §§ ,144[15], .145[4.-1]. Thus, although the liberal venue provisions of the Clayton Act afford plaintiff a broad range of choice as to forum, the appropriateness of that choice must be measured by the standards of § 1404(a), which governs the transfer of an action properly brought. Ex parte Collett, 337 U.S. 55, 69 S.Ct. 944, 93 L.Ed. 1207 Paramount Pictures v. Rodney, 186 F.2d 111 (3d Cir. 1950).
McGuire v. Singer Co., 441 F.Supp. 210, 213 (V.I. 1977). See also International Show Car Ass’n v. American Soc’y of Composers, Authors & Publishers, 806 F.Supp. 1308, 1312 (E.D.Mich. 1992).
. Reference is made to the letter of John A. Herfort, counsel for defendant, dated April 10, 1995.
. Reference is made to the letter of Steven Kramer, counsel for plaintiff, dated April 14, 1995.
. The relevant statutory provision, entitled "District in which to sue corporation”, states:
Any suit, action, or proceeding under the antitrust laws against a corporation may be brought not only in the judicial district whereof it is an inhabitant, but also in any district wherein it may be found or transacts business; and all process in such cases may be served in the district of which it is an inhabitant, or wherever it may be found.
15 U.S.C. § 22.
. In addition, I note the unreported decision of the Court of Appeals for the Ninth Circuit in Sylling v. Westinghouse Corp., 5 F.3d 540, 1993 WL 339959 (9th Cir. Sept. 3, 1993) (Table, Text in Westlaw, No. 92-55167), in which the plaintiff appealed, inter alia, the district court's transfer of his antitrust action against Westinghouse:
[Plaintiff] argues that the district court should not have moved his case from the Western District of Washington because the venue provision of Clayton Act [sic], 15 U.S.C. § 22, was intended to make it easier for plaintiffs to bring suit in federal court. We review a district court's decision to transfer venue pursuant to 28 U.S.C. § 1404(a) for an abuse of discretion. The district court noted that all activities alleged in the complaint occurred in California; only the parent corporation, Westinghouse, does business in Washington; the complaint alleged no wrongful acts by Westinghouse; and [plaintiff's] Washington residence is disputed. Under the circumstances, it was not an abuse of discretion to order a transfer of venue to the Southern District of California.
1993 WL 339959 at *2 (citations omitted). Sylling is not binding upon this Court, but the reasoning of the Court of Appeals is instructive nonetheless.
Reference
- Full Case Name
- JM COMPUTER SERVICES, INC. v. SCHLUMBERGER TECHNOLOGIES, INC.
- Cited By
- 1 case
- Status
- Published