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HARRIS v. REPUBLIC AIRLINES

November 30, 1988

W. WAYNE HARRIS, et al., Plaintiffs,
v.
REPUBLIC AIRLINES, INC., et al., Defendants


Stanley Sporkin, United States District Judge.


The opinion of the court was delivered by: SPORKIN

STANLEY SPORKIN, UNITED STATES DISTRICT JUDGE

 This case involves a class action brought by a number of former nonunion managerial employees of defendant Republic Airlines, Inc. ("Republic"). *fn1" The dispute concerns a Partnership Plan which Republic offered its employees in December 1983. Initially, defendants filed a motion to dismiss. On March 19, 1988, I issued a Memorandum Opinion and Order denying that motion.

 Defendants now move, pursuant to 28 U.S.C. Section 1404(a), to transfer this action to the United States District Court for the District of Minnesota. Based upon the facts of this case, I have concluded that the convenience of the parties and the interest of justice require that defendants' motion be granted.

 I. CONSIDERATIONS GOVERNING A MOTION TO TRANSFER

 Section 1404(a) permits transfer of an action from a district in which venue is proper to any other district in which the action might have been properly brought. 28 U.S.C. Sec. 1404(a).

 In considering a motion to transfer, the Court must analyze the factual circumstances of the case and determine whether the convenience of the parties, the convenience of the witnesses and the interest of justice weigh in favor of transfer. Id., Martin-Trigona v. Meister, 668 F. Supp. 1, 2 (D.D.C. 1987); Turner & Newall, PLC v. Canadian Universal Insurance Co., 652 F. Supp. 1308, 1310 (D.D.C. 1987); Comptroller of Currency v. Calhoun First National Bank, 626 F. Supp. 137, 139 (D.D.C. 1985). Further, the Court may consider the interest of conserving judicial resources and practical considerations which will facilitate a final resolution of the litigation in an expeditious and inexpensive manner. See Airline Pilots Ass'n. v. Eastern Airlines, Inc., 672 F. Supp. 525, 526 (D.D.C. 1987).

 II. CONVENIENCE OF THE PARTIES AND WITNESSES

 From the perspective of defendants and defense witnesses, trial in Minnesota clearly would be more convenient. Defendants maintain their corporate headquarters in Minnesota. Most, if not all, of defendants' witnesses reside in, or have some connection with, Minnesota.

 Similarly, Minnesota appears to be more convenient for the plaintiffs and plaintiffs' witnesses. None of the named plaintiffs reside in or near the District of Columbia. See Amended Complaint, para. 1-5. In fact, it appears that all of the named plaintiffs live in the western and middle western United States. *fn2" Further, it is unlikely that any members of the putative class reside in or near the District of Columbia. See Affidavit of Charles J. Simpson, Jr., para. 7.

 Although plaintiffs' anticipated witnesses reside in a variety of locations throughout the United States, none of them reside in the District of Columbia or its vicinity. Indeed, plaintiffs indicate that only one of the witnesses they intend to call to testify about the Partnership Plan at issue even resides in the northeastern United States. See Affidavit of Robert A. Brunig, para. 8; Affidavit of Charles J. Simpson, Jr., para. 8.

 III. ACTIONS AND CONDUCT GIVING RISE TO THIS LAWSUIT

 None of the conduct relevant to this case occurred in the District of Columbia. This lawsuit relates to corporate activities conceived and, for the most part, carried out in Minnesota. Defendants maintain their corporate headquarters in Minnesota. Clearly, this matter has a most substantial ...


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