Hunchan Company v. Gerbings Heated Clothing, Inc.

Filing 10

ORDER granting 6 Motion to change venue. Signed by Senior Judge Harvey E. Schlesinger on 6/6/2012. (RH) [Transferred from flmd on 6/7/2012.]

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FILED
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA ZOi2 JU~i -7 PH I: .S?
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JACKSONVILLE DIVISION
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CLERi';, iJ3 015 ·d~iCT COURT

HUNCHAN COMPANY, a foreign corporation,

H!ODLE DISTRICT OF FL

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Plaintiff,

v.

Case No. 3: 12-cv-306-HES-JBT

GERDING'S HEATED CLOTHING, INC.,
a foreign corporation,
Defendant.
________________________

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ORDER
This cause is before this Court on Defendant's Motion to Transfer Venue (Dkt. 6, filed
March 28,2012). In this pleading, Defendant, invoking 28 U.S.C. § 1404(a), seeks transfer ofthis
case to the U.S. District Court for the Western District of Washington. Upon due consideration,
Defendant's Motion is GRANTED.
On balance, the plaintiff's initial choice of forum, the convenience of the parties and
witnesses, the relative ease of access to sources of proof, the availability of compulsory process for
witnesses, the location of relative documents, the parties' ability to bear the cost of the change in
venue, and other practical considerations that will make trial of this case easy, expeditious, and
inexpensive weigh strongly in favor ofa transfer of venue to the Western District of Washington.
Most of the events giving rise to this litigation-the placing of orders for product, the manufacture
of product, the shipping of product, and the making of payments-occurred between Tumwater,
Washington, and Hong Kong, China. The only event related to this litigation that occurred in
Jacksonville, Florida was a brief meeting between a representative of Defendant and a
representative of Plaintiff in an attempt to settle this dispute; the rest of the parties' relevant dealings
occurred in Tumwater, Washington, and Hong Kong, China. Defendant is a Washington

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corporation with its principal place of business in Tumwater, Washington, and most of Defendant's
witnesses reside in Washington. None of Defendant's witnesses resides in Florida. Plaintiff is a
Chinese corporation, and while one of its main witnesses resides in Jacksonville, Florida, its other
main witness resides in China. The bulk of the documents related to this litigation-purchase
orders, invoices, and payment records-originated in Tumwater, Washington and Hong Kong,
China.
Indeed, the only considerations that weigh against a change of venue are that one of
Plaintiff's main witnesses resides in Florida and the events underlying Count IV of the
Complaint-events that represent only a small fraction of the relevant dealings between the
parties-occurred in Jacksonville, Florida. These considerations pale in comparison to those
favoring a change of venue.
Accordingly, it is ORDERED and ADJUDGED:
1. Defendant's Motion to Transfer Venue (Dkt. 6) is GRANTED; and
2. The Clerk is directed to TRANSFER this case to the Western District of Washington.

DONE AND ENTERED at Jacksonville, Florida, this U a y of June, 2012.

Copies to:
Clerk, U.S. District Court, Western District of Washington
Gavin C. Gaukroger, Esq., Attorney for Defendant
Michel O. Weisz, Esq., Attorney for Defendant
John R. Stiefel, Jr., Esq., Attorney for Plaintiff

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