Winmar Constr., Inc. v. JK Moving & Storage, Inc.
Winmar Constr., Inc. v. JK Moving & Storage, Inc.
Opinion of the Court
Pending before the Court is defendant JK Moving & Storage, Inc.'s ("JK Moving") motion to dismiss plaintiff Winmar Construction, Inc.'s ("Winmar") complaint, or, in the alternative, transfer venue to the United States District Court for the Eastern District of Virginia. See Def.'s Mot., ECF No. 6. Upon consideration of the motion, the response and reply, the applicable law, and the entire record, JK Moving's motion shall be GRANTED IN PART and this proceeding shall be TRANSFERRED to the United States District Court for the Eastern District of Virginia ("Eastern District").
I. Background
Winmar, a District of Columbia ("D.C.") commercial construction corporation, brings this complaint against JK Moving, a Virginia moving and storage corporation. See generally Compl., ECF No. 1. In 2016, Winmar was hired to renovate the Hilton Crystal City at Washington Reagan National Airport Hotel ("the Hilton"). Id. ¶ 2. To accomplish the renovations, Winmar entered into five contracts with JK Moving to move and store the Hilton's furniture. Id. ¶ 3. The relevant contracts were negotiated and signed in D.C. between February and December 2016. Id. The furniture was moved from the Hilton, located in Arlington, Virginia, and stored in JK Moving's warehouse, located in Sterling, Virginia. Exhibit 1 to Def.'s Mot., ECF No. 6-1 at 12. To date, Winmar has paid JK Moving nearly $115,000 for its services. Compl., ECF No. 1 ¶ 5. JK Moving has demanded that that Winmar pay the additional $50,000 allegedly owed pursuant to the contracts. Id. ¶ 6. Winmar alleges that JK Moving damaged sixteen pieces of furniture *91and converted thirteen pieces of furniture. Id. Winmar also alleges that the contracts are void because JK Moving does not have a moving and storage license, as required by D.C. law. Id. ¶¶ 13-17.
Seeking to collect the entire sum allegedly owed, JK Moving sued Winmar and its President, Edwin Villegas, for breach of contract and fraud in Loudoun County Circuit Court on October 12, 2017. See Eastern District Compl., ECF No. 6-1. Winmar then removed the case to the Eastern District. Notice of Removal, ECF No. 6-3. Winmar answered JK Moving's complaint on November 7, 2017, denying the allegations and asserting the affirmative defenses "set forth in Winmar's Complaint filed against JK Moving in the United States District Court for the District of Columbia." Eastern District Answer, ECF No. 6-2 ¶¶ 1, 2.
On October 18, 2017, Winmar filed its Complaint against JK Moving in this Court. See generally Compl., ECF No. 1. Winmar's three count complaint seeks: (1) a declaratory judgment that the contracts are void under D.C. law; (2) damages resulting from JK Moving's alleged conversion of thirteen pieces of furniture; and (3) damages resulting from JK Moving's alleged negligence in moving and/or storing the furniture. Id. ¶¶ 13-27. Winmar's complaint concerns the same contracts at issue in the Eastern District case. Compare D.C. Compl., ECF No. 1 with Eastern District Compl., ECF No. 6-1.
II. Standard of Review
As stated by this Court:
Pursuant to28 U.S.C. § 1404 (a), "[f]or the convenience of the parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district where it might have been brought." In so doing, the district court has discretion to transfer a case based on an " 'individualized case-by-case consideration of convenience and fairness.' " Stewart Org., Inc. v. Ricoh Corp. ,487 U.S. 22 , 29,108 S.Ct. 2239 ,101 L.Ed.2d 22 (1988) (quoting Van Dusen v. Barrack ,376 U.S. 612 , 622,84 S.Ct. 805 ,11 L.Ed.2d 945 (1964) ); see also Demery v. Montgomery County ,602 F.Supp.2d 206 , 210 (D.D.C. 2009) ("Because it is perhaps impossible to develop any fixed general rules on when cases should be transferred[,] ... the proper technique to be employed is a factually analytical, case-by-case determination of convenience and fairness.") (internal quotation marks omitted). The moving party bears the burden of establishing that transfer of the action is proper. Devaughn v. Inphonic, Inc. ,403 F.Supp.2d 68 , 71 (D.D.C. 2005) ; see also SEC v. Savoy Indus., Inc. ,587 F.2d 1149 , 1154 (D.C. Cir. 1978) (noting that the district court's denial of a motion to transfer "was effectively a ruling that [the appellant] had failed to shoulder his burden").
In order to justify a transfer, defendants must make two showings. First, they must establish that the plaintiff could have brought suit in the proposed transferee district. Devaughn ,403 F.Supp.2d at 71-72 ; Trout Unlimited v. United States Dep't of Agric. ,944 F.Supp. 13 , 16 (D.D.C. 1996). Second, defendants must demonstrate that considerations of convenience and the interests of justice weigh in favor of a transfer. Devaughn ,403 F.Supp.2d at 72 ; Trout Unlimited ,944 F.Supp. at 16 .
Berry v. United States Dept. of Justice ,
To determine whether "considerations of convenience and the interests of justice weigh in favor of a transfer," the Court considers private-interest factors including: "(1) the plaintiff's choice of forum, *92unless the balance of convenience is strongly in favor of the defendant; (2) the defendant's choice of forum; (3) whether the claim arose elsewhere; (4) the convenience of the parties; (5) the convenience of the witnesses, but only to the extent that witnesses may be unavailable in one fora; and (6) the ease of access to sources of proof."
III. Discussion
A. Winmar Could Have Brought this Suit in the Eastern District
Pursuant to
It is undisputed that Winmar's case could have been brought in the Eastern District. See Pl.'s Opp'n, ECF No. 8 at 7-9; Def.'s Mot., ECF No. 6 at 8. The Court agrees-"a substantial part of the events or omissions giving rise to [Winmar's] claim occurred" in Virginia.
B. Considerations of Convenience and the Interests of Justice Weigh in Favor of a Transfer
1. Private Interest Factors
a. Plaintiff's Choice of Forum
"Absent specific facts that would cause a district court to question plaintiffs' choice of forum, plaintiffs' choice is afforded substantial deference." Wilderness Society v. Babbitt,
b. Defendant's Choice of Forum
A defendant's choice of forum is a consideration when deciding a transfer motion, but it is not ordinarily entitled to deference. Douglas v. Chariots for Hire ,
c. Whether the Claim Arose Elsewhere
The claims before this Court arose in both D.C. and Virginia. See Compl., ECF No. 1 ¶¶ 1-7. JK Moving argues that "[a]ll of the material events in the dispute took place in Virginia, including the moving and storage services provided by JK Moving, and the witnesses in this action are located in Virginia." Def.'s Mot., ECF No 6 at 8-9. Winmar responds by arguing that the contracts were solicited, negotiated, entered into in D.C. and all payments were made in D.C. Pl.'s Opp'n, ECF No. 8 at 8.
"Courts in this district have held that claims 'arise' under
d. The Convenience of Parties and the Convenience of Witnesses
Winmar argues that a witness' convenience warrants retaining jurisdiction over its case. Pl.'s Opp'n, ECF No. 8 at 8-9. It contends that a senior D.C. government official is a key witness for its declaratory judgment count and that it would be inconvenient, a waste of government resources, and unjust to require that D.C. official to hire Virginia counsel and appear in an unfamiliar Virginia court. Id. at 9. JK Moving responds that "the bulk of the evidence and witnesses in the matter are *94located in Virginia (and [Winmar] failed to show how potential witnesses who work in the District would be 'inconvenienced' by travelling across the river to attend trial in nearby Alexandria)." Def.'s Reply, ECF No. 10 at 9.
The convenience of witnesses is to be considered by the Court, "but only to the extent that witnesses may be unavailable in one fora." Berry ,
e. Ease of Access to Sources of Proof
JK Moving argues that "the bulk of the evidence ... [is] located in Virginia." Def.'s Reply, ECF No. 10 at 9. Winmar provides no information regarding this factor. See Pl.'s Opp'n, ECF No. 8. "The importance of this factor is ... lessened where, as here, the two potential districts are in close proximity." Treppel ,
2. Public Interest Factors
a. The Transferee's Familiarity with the Governing Laws
JK Moving asserts that the Eastern District is "more than capable" of adjudicating all of the claims in Winmar's complaint. Def.'s Reply, ECF No. 10 at 9. Winmar does not allege that the Eastern District is unfamiliar with the laws governing its complaint. See Pl.'s Opp'n, ECF No. 8 at 7-9. The public interest is "best served by having a case decided by the federal court in the state whose laws govern the interests at stake." Trout Unlimited,
b. The Relative Congestion of Each Court
Neither party argues that the congestion of either court will cause undue delay, nor do they argue that they will receive a speedier resolution in either court. See Def.'s Mot., ECF No. 6; Pl.'s Opp'n, ECF No. 8. Therefore, the Court gives this factor *95no weight. Babbitt,
c. The Local Interest in Deciding Local Controversies at Home
Finally, although courts in both jurisdictions may have an interest resolving Winmar's claims, courts in this Circuit "have looked at where a clear majority of the operative events took place in order to determine where a case should be adjudicated." Treppel ,
IV. Conclusion and Order
Having considered all of the relevant factors, the Court concludes that JK Moving has made the necessary showing that "considerations of convenience and the interests of justice weigh in favor of a transfer." Berry ,
While the burden remains with the movant JK Moving, it is significant that Winmar does not allege that it will be prejudiced if its case is transferred to the Eastern District. See generally Pl.'s Opp'n, ECF No. 8. Indeed, Winmar anticipated litigating these claims in the Eastern District when it asserted them as affirmative defenses in its answer. Eastern District Answer, ECF No. 6-2 ¶¶ 1-2. As such, the Court is not persuaded that Winmar will be prejudiced by transfer. See Berry ,
Because the Court has determined that this proceeding will be transferred, the Court does not reach the JK Moving's remaining arguments that (1) Winmar's complaint should be dismissed pursuant to the "first-to-file" rule as duplicative of JK Moving's first-filed complaint in the Eastern District, and (2) Winmar's declaratory judgment claim should be dismissed for failure to state a claim. Accordingly, it is hereby
ORDERED that JK Moving's motion to dismiss the Complaint, or, in the alternative, transfer venue to the U.S. District Court for the Eastern District of Virginia is GRANTED IN PART ; and it is
FURTHER ORDERED that, pursuant to
SO ORDERED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.