Stiefel Laboratories, Inc. v. Galderma Laboratories, Inc.

588 F. Supp. 2d 1336, 2008 U.S. Dist. LEXIS 97844, 2008 WL 5044548
CourtDistrict Court, S.D. Florida
DecidedNovember 13, 2008
DocketCase 08-21620-CIV
StatusPublished
Cited by25 cases

This text of 588 F. Supp. 2d 1336 (Stiefel Laboratories, Inc. v. Galderma Laboratories, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stiefel Laboratories, Inc. v. Galderma Laboratories, Inc., 588 F. Supp. 2d 1336, 2008 U.S. Dist. LEXIS 97844, 2008 WL 5044548 (S.D. Fla. 2008).

Opinion

ORDER

DONALD L. GRAHAM, District Judge.

THIS CAUSE comes before the Court upon Defendant’s Motion to Transfer Venue Pursuant to 28 U.S.C. §. 1404(a) and Supporting Memorandum of Law [D.E. 10] ■and Defendant’s Motion to Stay Further Proceedings Pending Resolution of Galder-ma’s Motion to Transfer Venue [D.E. 14].

*1338 THE COURT has considered the Motions, the pertinent portions of the record, and is otherwise duly advised in the premises.

I. BACKGROUND

The parties herein are competitors for the development and marketing of dermatological products throughout the United States. Plaintiffs instituted this action seeking to restrain Defendant from allegedly inducing Plaintiffs’ former sales representatives to violate the terms of certain Confidential Disclosure Agreements (the “CDAs”). Specifically, Plaintiffs allege that the CDAs executed by the employees contain non-solicitation provisions that, for a period of six months, restrain sales representatives from contacting the same physicians that were contacted while the persons were employed with Plaintiffs. Relevant at this juncture is that Plaintiffs are Delaware corporations with a principal place of business in Coral Gables, Florida. Defendant is a limited partnership with its corporate headquarters in Fort Worth, Texas. The former employees at issue allegedly serviced diverse areas, including parts of Virginia, the District of Columbia and Pennsylvania. Defendant seeks to transfer the case to the Northern District of Texas, its home forum, alleging that a transfer is warranted based upon the balance of factors contained within 28 U.S.C. § 1404.

II. LAW AND DISCUSSION

A motion to transfer venue is governed by 28 U.S.C. § 1404, which provides,

For the convenience of the 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 standard for transfer leaves broad discretion to the court, which will be overturned only for abuse of discretion. See Brown v. Connecticut Gen. Life Ins. Co., 934 F.2d 1193 (11th Cir.1991) (holding that the district court did not abuse discretion in transferring a case that would impose financial hardship on a party no matter where it was heard). Congress authorized courts to transfer the venue of a ease in order to avoid unnecessary inconvenience to the litigants, witnesses, and the public and to conserve time, energy and money. Van Dusen v. Barrack, 376 U.S. 612, 84 S.Ct. 805, 11 L.Ed.2d 945 (1964), The burden is on the movant to establish that the suggested forum is more convenient. In re Ricoh Corp., 870 F.2d 570, 573 (11th Cir.1989); Garay v. BRK Electronics, 755 F.Supp. 1010 (M.D.Fla.1991).

Courts embark on a two-prong inquiry when considering the several factors used to determine whether to transfer venue. First, the alternative venue must be one in which the action could originally have .been brought by the plaintiff. 28 U.S.C.. § 1404; see also Mason v. Smithkline Beecham Clinical Laboratories, 146 F.Supp.2d 1355, 1359 (S.D.Fla.2001). Second, courts are to balance private and public factors to determine if transfer is justified. Mason, 146 F.Supp.2d at 1359. Generally, the factors to consider under the second prong include the plaintiffs initial choice of forum, convenience of the parties and witnesses, relative ease of access to sources of proof, availability of compulsory process for witnesses, location of relative documents, financial ability to bear the costs of change, and the public interest. 1 See Gonzalez v. Pirelli Tire, *1339 LLC, 2008 WL 516847, *2 (S.D.Fla.2008); Thermal Technologies, Inc. v. Dade Serv. Corp., 282 F.Supp.2d 1373, 1375 (S.D.Fla.2003). Ultimately, transfer can only be granted where the balance of convenience of the parties strongly favors the defendant. Robinson v. Giarmarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir.1996) (emphasis added) (holding that plaintiffs choice of forum should not be disturbed unless it is clearly outweighed by other considerations).

Here, the parties do not dispute that the action could have been brought in the Northern District of Texas. Therefore, the discussion must focus on whether, on balance, the convenience of the parties and witnesses and the interest of justice weigh in favor of transfer. For the reasons discussed below, the Court concludes that transfer is not warranted and, therefore, the case shall proceed in the Southern District of Florida.

A. Plaintiffs’ Initial Choice of Forum

Based on the facts before the Court, it appears that Plaintiffs could have instituted this action in one of several places. Nevertheless, they chose to commence this action in their home forum wherein it is undisputed that Plaintiffs have a principal place of business. Defendant asserts that this District “has no connection with the substance of this suit other than being the plaintiffs’ home forum.” [D.E. 22 at 6.] In support of its argument, Defendant emphasizes that Plaintiffs choice of forum is entitled to only limited deference because the operative facts underlying the action did not occur here [D.E. 10.] However, under the facts of this case, the Court need not determine whether Plaintiffs’ choice of forum is of paramount concern or deserving of less deference. First, there is no evidence here that Plaintiffs acted improperly in commencing suit in this District. See, e.g., Excelsior Designs, Inc. v. Sheres, 291 F.Supp.2d 181, 188 (E.D.N.Y. 2003) (rejecting defense claim that plaintiff raced to file claim). Furthermore, as discussed below, the facts of this case have only a partial connection to Texas that does not necessarily weigh heavily in favor of transfer to that district. Lastly, because the balance of factors fails to strongly favor transfer, Plaintiffs’ choice of forum is but one of the considerations and is not dispositive of the issue irrespective of whether the Court considers it deserving of little or significant deference.

B. Convenience of the Parties and Witnesses

Much of the dispute regarding transfer of venue lies in considering the convenience of the parties and potential witnesses. ■ Some courts consider the convenience of the parties the single most important factor in the analysis of whether a transfer should be granted. See, e.g., Gonzalez v. Pirelli Tire, LLC, 2008 WL 516847 (S.D.Fla.2008).

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588 F. Supp. 2d 1336, 2008 U.S. Dist. LEXIS 97844, 2008 WL 5044548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stiefel-laboratories-inc-v-galderma-laboratories-inc-flsd-2008.