MOON v. CAPITAL HEALTH SYSTEM, INC.

Filing 13

MEMORANDUM ORDER THAT FOR THE REASONS OUTLINED HEREIN DEFENDANT'S MOTION TO TRANSFER VENUE (DOC. NO. 4 ), IS DENIED. SIGNED BY HONORABLE GERALD A. MCHUGH ON 10/17/2014. 10/17/2014 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SHARON MOON,
Plaintiff,
v.
CAPITAL HEALTH SYSTEM, INC.,
Defendant.

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CIVIL ACTION
No. 14-CV-00608

MEMORANDUM AND ORDER
MCHUGH, J.

OCTOBER 17, 2014

The Defendant has brought a Motion to Transfer Venue pursuant to 28 U.S.C. § 1404(a)
seeking to transfer venue from the Eastern District of Pennsylvania to the District of New Jersey
in Trenton. When evaluating such a motion, the movant bears the burden of establishing the
need for transfer. Jumara v. State Farm Ins. Co., 55 F.3d 873, 879 (3d Cir. 1995). Here, I find
that this burden has not been met.
The Plaintiff in this case has chosen to litigate in the Eastern District of Pennsylvania, a
venue that is proper, and “[i]n the Third Circuit, a plaintiff’s choice of forum is a paramount
concern in deciding a motion to transfer venue and should not be lightly disturbed.” Endless
Pools, Inc. v. Wave Tec Pools, Inc., 362 F. Supp. 2d 578, 586 (E.D. Pa. 2005); Shutte v. Armco
Steel Corp., 431 F.2d 22, 25 (3d Cir. 1970). Where the plaintiff chooses to litigate in his or her
home forum, as she does here, “the choice is entitled to great deference.” Endless Pools, Inc.,
362 F. Supp. 2d at 586-87 (citing Piper Aircraft Co. v. Reyno, 454 U.S. 235, 255 (1981)).
The two courthouses are approximately 35 miles apart by vehicle, and there is efficient
transit available from one location to the other. It seems inconceivable that a witness would be

unavailable for trial in one location but not the other. All of the other reasons offered for the
venue transfer are outweighed by the great import attached to the Plaintiff’s choice of forum, and
the proximity of the suggested venue to that already chosen.
The Defendant’s Motion to Transfer Venue is, therefore, DENIED.

/s/ Gerald Austin McHugh
United States District Court Judge