First Interstate Bank v. VHG Aviation, LLC

291 F. Supp. 3d 1176
CourtDistrict Court, D. Oregon
DecidedFebruary 1, 2018
DocketCase No. 3:17–cv–1877–SI
StatusPublished
Cited by2 cases

This text of 291 F. Supp. 3d 1176 (First Interstate Bank v. VHG Aviation, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
First Interstate Bank v. VHG Aviation, LLC, 291 F. Supp. 3d 1176 (D. Or. 2018).

Opinion

Michael H. Simon, District Judge *1179Two motions are pending before the Court: Defendants' Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a) (ECF 10); and Plaintiff's Motion for Summary Judgment (ECF 13). In response to Plaintiff's request for summary judgment, Defendants rely on Rule 56(d) of the Federal Rules of Civil Procedure and argue that Plaintiff's motion should be denied or deferred. Defendants request sufficient time to take discovery of facts that Defendants contend are exclusively in the possession of Plaintiff but may support an affirmative defense. For the reasons that follow, Defendants' Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a) is denied, and Plaintiff's Motion for Summary Judgment is deferred.

STANDARDS

A. Transfer of Venue Pursuant to Section 1404(a)

A district court may transfer any civil action to any other district court pursuant to 28 U.S.C. § 1404(a). That statute 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 or to any district or division to which all parties have consented.

28 U.S.C. § 1404(a). Consideration of a motion to transfer venue under § 1404(a) requires two findings. First, unless all parties consent, the court being asked to transfer venue must determine whether the transferee court is one in which the action originally might have been brought. Second, the court that is being asked to transfer venue must determine whether transfer is appropriate, considering the convenience of parties and witnesses and the interest of justice. See Hatch v. Reliance Ins. Co. , 758 F.2d 409, 414 (9th Cir. 1985). As explained by the Ninth Circuit,

the district court has discretion to adjudicate motions for transfer according to an individualized, case-by-case consideration of convenience and fairness. A motion to transfer venue under § 1404(a) requires the court to weigh multiple factors in its determination whether transfer is appropriate in a particular case. For example, the court may consider: (1) the location where the relevant agreements were negotiated and executed, (2) the state that is most familiar with the governing law, (3) the plaintiff's choice of forum, (4) the respective parties' contacts with the forum, (5) the contacts relating to the plaintiff's cause of action in the chosen forum, (6) the differences in the costs of litigation in the two forums, (7) the availability of compulsory process to compel attendance of unwilling non-party witnesses, and (8) the ease of access to sources of proof. Additionally, the presence of a forum-selection clause is a significant factor in the court's § 1404(a) analysis. We also conclude that the relevant public policy of the forum state, if any, is at least as significant a factor in the § 1404(a) balancing.

Jones v. GNC Franchising, Inc. , 211 F.3d 495, 498-99 (9th Cir. 2000) (quotation marks, footnotes, and citations omitted).

The ordinary analysis of a motion to transfer venue under § 1404(a) changes, however, when the parties have formed a contract that includes a valid forum-selection clause. Atl. Marine Const. Co., Inc. v. U.S. Dist. Court for W. Dist. of Tex. , 571 U.S. 49, 134 S.Ct. 568, 581, 187 L.Ed.2d 487 (2013). A court must give a *1180forum-selection clause "controlling weight in all but the most exceptional cases." Id. at 579 (citation and quotation marks omitted). The party seeking a forum other than the contractually agreed-upon forum identified in the forum-selection clause bears the burden of showing exceptional circumstances that render the selected forum inappropriate. Id. at 581. In evaluating whether a party has established that the agreed-upon forum is inappropriate, a court should refrain from "unnecessarily disrupt[ing] the parties' settled expectations" when the parties have agreed "in advance to litigate disputes in a particular forum." Id. at 583. In addition, when the parties' agreement includes a forum-selection clause, a district court "should not consider arguments about the parties' private interests.... A court accordingly must deem the private-interest factors [including inconvenience to the parties] to weigh entirely in favor of the preselected forum." Id. at 582. In such a case, a district court may only consider arguments concerning public-interest factors, which will "rarely" support a forum other than the parties' contractually agreed-upon forum. Id. "In all but the most unusual cases, therefore, 'the interest of justice' is served by holding parties to their bargain."

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Bluebook (online)
291 F. Supp. 3d 1176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-interstate-bank-v-vhg-aviation-llc-ord-2018.