GOOR v. VIGNOLES
Filing
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OPINION and ORDER granting 5 Motion to transfer venue to the Northern District of California, etc.***CIVIL CASE TERMINATED. Signed by Judge Faith S. Hochberg on 4/9/12. (jd, )
NOT FOR PUBLICATION
CLOSED
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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Plaintiff,
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v.
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MARK VIGNOLES,
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Defendant.
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__________________________________________ :
MARTIN GOOR,
Hon. Faith S. Hochberg, U.S.D.J.
Civil Case No. 11-6227 (FSH) (PS)
OPINION & ORDER
Date: April 9, 2012
HOCHBERG, District Judge:
This matter comes before the Court upon Defendant’s motion to dismiss this case for lack
of personal jurisdiction or improper venue, or in the alternative to transfer this case to the
Northern District of California.
I. BACKGROUND
Plaintiff Martin Goor, a New Jersey citizen, brought this action to recover on an alleged loan
made to Defendant Mark Vignoles, a California citizen, in the amount of $100,000. On
December 4, 2006, Vignoles executed a note titled “Loan Documentation” which stated, in full:
“This is confirmation and documentation that Martin Goor is personally providing a loan of One
Hundred Thousand Dollars and 00/100 ($100,000.00) to Mark Vignoles.” Goor alleges that on
December 7, 2006, he transmitted $100,000 to Vignoles, but that to date Vignoles has not made
any payments on the loan. Goor filed the Complaint in this Court on October 26, 2011, alleging
breach of contract and unjust enrichment. This Court has subject matter jurisdiction over this
case pursuant to 28 U.S.C. § 1332(a).
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On January 12, 2012, Defendant moved to dismiss or in the alternative transfer the case to
the Northern District of California. He contends the Court lacks personal jurisdiction over him,
that venue is improper, and that the Northern District of California is a more convenient forum
pursuant to 28 U.S.C. § 1404(a).
II. DISCUSSION
28 U.S.C. §1404(a) provides that “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 matter clearly could have been filed in the Northern
District of California, where Defendant resides, because that court would have diversity
jurisdiction pursuant to 28 U.S.C. § 1332(a) and could exercise personal jurisdiction over him.
A court must consider the private interests of the litigants and the public interest in the
fair and efficient administration of justice when making its decision. See Gulf Oil Corp. v.
Gilbert, 330 U.S. 501, 508-509 (1947); Jumara v. State Farm Ins. Co., 55 F.3d 873, 879 (3d Cir.
1995). In Jumara, the Third Circuit stated that a district Court deciding a motion to transfer
venue should consider a non-exhaustive list of twelve factors. Jumara, 55 F.3d at 879-80. The
private factors are: (1) the plaintiff’s choice of forum; (2) the defendant’s preference; (3) where
the claim arose; (4) the convenience of the witnesses, but only to the extent they may be
unavailable in one of the fora; (5) the convenience of parties; (6) the location of books and
records; and the public factors are: (7) the enforceability of any judgment; (8) any practical
considerations making trial easy, expeditious or inexpensive; (9) relative administrative
difficulty resulting from court congestion; (10) the local interest in deciding local controversies
at home; (11) the public policies of the fora; and (12) the trial judge’s familiarity with applicable
state law. The analysis, however, should not be limited to these factors, and factors may have
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different relevance in particular cases. See Van Cauwenberghe v. Biard, 486 U.S. 517, 528-529
(1988). A court’s decision to transfer should consider “all relevant factors to determine whether
on balance the litigation would more conveniently proceed and the interests of justice be better
served by transfer to a different forum.” Jumara, 55 F.3d at 879. For the reasons described
below, the Court finds that all of the factors except the first either favor transfer to the Northern
District of California, or are neutral.
a. Factors 1 & 2
The Plaintiff plainly prefers New Jersey, and the Defendant prefers California. These factors
balance out, although the Court recognizes that Plaintiff’s choice of forum is entitled to
deference unless the other factors strongly favor transfer. See, e.g., Shutte v. Armco Steel Corp.,
431 F.2d 22, 25 (3d Cir. 1970). But see Tischio v. Bontex, Inc., 16 F. Supp 2d 511, 521 (D.N.J.
1998) (plaintiff’s choice of forum is afforded less deference if that choice "has little connection
with the operative facts of the lawsuit.")
b. Factor 3
The parties disagree about where the claim arose. Although Plaintiff has alleged that he was
in New Jersey when the loan was negotiated and that the funds were remitted from New Jersey,
he has adduced no proof, when such proof would most logically be in his possession. By
contrast, Defendant has filed an affidavit stating that he was in California when the Note was
negotiated, that he never received funds from Goor at all (much less funds originating in New
Jersey), and that he has never owned any assets in New Jersey. 1 (Vignoles Decl. ¶¶ 3-5.) The
Court therefore finds that the third factor favors transfer.
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It is not clear that this Court can exercise personal jurisdiction over the Defendant. Once
a defendant raises the defense of lack of personal jurisdiction, the plaintiff bears the burden of
setting forth facts to establish “with reasonable particularity sufficient contacts between the
defendant and the forum state.” Mellon Bank v. Farino, 960 F.2d 1217, 1223 (3d Cir. 1992).
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c. Factors 4-6
Defendant contends, and Plaintiff does not dispute, that the Note was negotiated, prepared
and executed in California, and was presumably to be performed by Defendant in California.
Therefore, any witnesses or documentation would be located in California, where the Note was
executed, so the fourth and sixth factors favor transfer. Because California is inconvenient to
Plaintiff and New Jersey is inconvenient to Defendant, the fifth factor is irrelevant.
d. The Public Factors
Any judgment against Defendant is likely easier enforced in his home forum. The other
public factors do not appear to favor either forum.
III.
CONCLUSION & ORDER
The Court finds that the factors favor transfer to the Northern District of California.
IT IS on this 9th day of April 2012,
ORDERED that Defendant’s motion to transfer venue pursuant to 28 U.S.C. § 1404(a) to
the Northern District of California is GRANTED; and it is further
ORDERED that this case is TRANSFERRED to the Northern District of California;
and it is further
ORDERED that this case is CLOSED.
/s/ Faith S. Hochberg__________
Hon. Faith S. Hochberg, U.S.D.J.
The allegations in the Complaint are not sufficient proof; instead, a plaintiff must “establish[ ]
jurisdictional facts through sworn affidavits or other competent evidence.” Time Share Vacation
Club v. Atlantic Resorts, Ltd., 735 F.2d 61, 66 n.9 (3d Cir. 1984). While Defendant has filed an
affidavit to support his argument, nothing in the Note or the FedWire form filed by Plaintiff
indicates a connection with New Jersey. (See Jensen Decl., Exs. A, B.) Plaintiff has adduced
nothing beyond a bare allegation that the loan funds originated in New Jersey, even though the
proof of such a transfer would be easily available to Plaintiff to support jurisdiction. Cf. Fox v.
Dream Trust, 743 F. Supp. 2d 389, 395 (D.N.J. 2010) (receipt of loan funds from forum state
may be sufficient purposeful availment for a court to exercise personal jurisdiction).
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