The opinion of the court was delivered by: HOGAN
The Professional Association Travel Services, Inc. (PATS) filed suit in this district to recover damages on behalf of its clients who contracted with Value Vacations, Inc. PATS has alleged breach of contract in violation of federal law. Defendants have filed the following dispositive motions:
Arrow Air, Inc. has filed a motion to dismiss for lack of personal jurisdiction and improper venue;
Connecticut National Bank has filed a motion to dismiss Complaint and a motion to transfer or stay proceedings;
Frank B. Hall & Co. has filed a motion to dismiss and for reasonable expenses including attorney's fee;
Northwestern National Insurance Company and Value Vacations, Inc. have filed motions to dismiss or in the alternative transfer this action to the Southern District of New York or stay this action;
Southeast First National Bank has filed a motion to dismiss complaint.
Oral argument was heard on November 15, 1984. At that time, this Court granted the motion to transfer this case to the United States District Court for the Southern District of New York but declined to rule on defendants' other motions. This opinion supplements the Court's ruling from the bench.
As previously stated by the Court, venue is inappropriate in the District of Columbia. Pursuant to 28 U.S.C. § 1406(a) this Court may, in the interest of justice, transfer a case to any district in which an action could have been brought.
Upon review of defendants' motions and plaintiff's opposition thereto, this Court found that a transfer of this case to the Southern District of New York would be in the interest of justice for the following reasons:
A class action is pending in the Southern District of New York arising out of similar if not the same facts and circumstances at issue in the complaint herein. All the defendants herein except Hall are defendants in the New York case.
A transfer of this case would eliminate the possibility of inconsistent findings of fact and conclusions of law with respect to the same issues.
A consolidation of this case with the New York action would reduce the burden of duplicative and wasteful discovery, and the New York class action would provide a ...