The opinion of the court was delivered by: GREEN
This matter is before the Court on defendants' motion for change of venue pursuant to 28 U.S.C. § 1404(a) (1982). For the reasons set forth below, the Court grants defendants' motion and transfers this action to the United States District Court for the District of Connecticut.
Pro se plaintiff filed this action seeking damages and injunctive relief against Philip Shiff, Jason Shrinsky, Irving Perlmutter, Daniel Meister, and the Federal Communications Commission ("FCC"), contesting the loss of his radio station in New Haven, Connecticut, WHNC, and its broadcast license. Plaintiff alleges that defendants conspired to take away the FCC license and the radio station through involuntary bankruptcy proceedings, violating the Racketeer Influenced Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961 et seq. (1982); the Hobbs Act, 18 U.S.C. § 1951 (1982); plaintiff's civil rights under 42 U.S.C. § 1985(2) (1982); and obstructing justice in contravention of 18 U.S.C. §§ 1503, 1505 (1982). Plaintiff asserted a number of other miscellaneous federal and state law claims, as well.
Thereafter, defendants Meister and Perlmutter moved for judgment non obstante veredicto, and plaintiff sought a new trial as to Mr. Shrinsky. Both of these motions were denied by order dated October 31, 1986. Defendants then sought a written order permitting an interlocutory appeal of certain issues under 28 U.S.C. § 1292(b) (1982). This motion was denied by order of February 3, 1987. Then followed the motion to transfer venue, now before the Court.
Plaintiff bases this action upon federal question jurisdiction and RICO jurisdiction. 28 U.S.C. § 1331 (1982); 18 U.S.C. § 1964 (1982). Complaint para. 3. Where federal court jurisdiction is not founded solely on diversity of citizenship, the action may be brought in the district where all the defendants reside or in which the claim arose. 28 U.S.C. § 1391(b) (1982). An action for damages arising from a RICO violation may be brought in the district where the defendant resides, is found, has an agent, or transacts his affairs. 18 U.S.C. § 1965(a) (1982).
Defendants argue that the dismissal of Mr. Shrinsky on the jury's verdict has altered significantly the legal landscape. Mr. Shrinsky's dismissal, along with the Court's earlier dismissal of the FCC, eliminated the sole abiding nexus establishing venue in this District. See Complaint para. 6. In addition, defendants note correctly that all of the parties presently remaining in this case reside in the State and District of Connecticut. Moreover, as a reading of the complaint and a review of the first trial reveal, virtually all of the alleged events forming the basis for plaintiff's action against defendants Meister and Perlmutter occurred in Connecticut.
Title 28, United States Code, section 1404(a) (1982), provides that
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 may have been brought.
Justice Jackson, in Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 91 L. Ed. 1055, 67 S. Ct. 839 (1947), which considered the doctrine of forum non conveniens prior to the Code of 1948, articulated two large interests to be considered in deciding whether or not to transfer a case: (1) the interest of the litigants, and (2) the public interest. See also Norwood v. Kirkpatrick, 349 U.S. 29, 32, 99 L. Ed. 789, 75 S. Ct. 544 (1955) (In adopting section 1404(a), Congress "intended to do more than just codify the existing law on forum non conveniens. . . .").
The Court must analyze the factual circumstances of this case in weighing the issues of convenience and fairness to the parties. Van Dusen v. Barrack, 376 U.S. 612, 622, 11 L. Ed. 2d 945, 84 S. Ct. 805 (1964). Still, the burden of proof rests with the defendants, the moving parties, to establish that there should be a change ...