Daramola v. Westinghouse Electric Corp.
Daramola v. Westinghouse Electric Corp.
Opinion of the Court
Plaintiff, Emmanuel A. Daramola (Dara-mola), brought this action in the Western District of Pennsylvania against defendant, Westinghouse Electric Corporation (Westinghouse) claiming discrimination in employment in violation of 42 U.S.C. § 2000e (Title VII). Subject matter jurisdiction is proper before this court pursuant to 28 U.S.C. § 1331 which grants district courts original jurisdiction over “all civil actions arising under the Constitution, laws, or treaties of the United States.”
On the 18th of July, 1990, Daramola filed a Motion to Transfer to the United States District Court in Baltimore, Maryland. Such motion is governed by 28 U.S.C. § 1404(a), which provides:
For the 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.
The burden is on Daramola to establish facts supporting the motion to transfer. A balancing of proper interests must weigh heavily in favor of the transfer. Shutte v. Armco Steel Corp., 431 F.2d 22, 25 (3d Cir. 1970), cert. denied, 401 U.S. 910, 91 S.Ct. 871, 27 L.Ed.2d 808 (1971). In considering a motion to transfer, the court must weigh four factors: (1) plaintiffs choice of forum; (2) the relative ease of access to sources of proof; (3) availability of compulsory process of attendance of unwilling witnesses and the cost of obtaining attendance of willing witnesses; and (4) practical considerations which will make trial of the case easy, expeditious and inexpensive. Erie Press Systems v. Shultz Steel Co., 548 F.Supp. 1215 (W.D.Pa. 1982).
Prior to the examination of the four factors, it must be determined whether the proposed transferee district is one in which the action “might have been brought.”
Daramola fails to meet the threshold requirement for a transfer under section 1404(a) of Title 28, that the action “might have been brought” in the District Court in the District of Maryland. First, the claim arose in Allegheny County, Pennsylvania, within the Western District of Pennsylvania. Secondly, there has been no showing by Daramola that Westinghouse was subject to personal jurisdiction in the United States District Court for the District of Maryland.
Though Daramola’s failure to meet the requisite requirement for transfer makes it unnecessary to go any further, we will address the four factors which must be considered by the Court.
In considering the second and third factors, it is most obvious that the Western District of Pennsylvania is the proper forum. All pertinent documents are located in Pittsburgh, and therefore are easily accessible to the court. All witnesses, except for Daramola, reside in the western Pennsylvania area and transferring this case to Maryland is certain to curtail compulsory process.
Thus the motion to transfer this action to the United States District Court for the District of Maryland, shall be denied.
. See 28 U.S.C. § 1404(a).
. Daramola has failed to address any of the factors, but taking into account he presented his motion pro se, the court will independently consider such factors.
Reference
- Full Case Name
- Emmanuel A. DARAMOLA v. WESTINGHOUSE ELECTRIC CORPORATION
- Cited By
- 1 case
- Status
- Published