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J.I. Kislak Mortgage Corp. v. Connecticut Bank & Trust Co.
Citations: 604 F. Supp. 346; 1985 U.S. Dist. LEXIS 23480Docket: 83-2843-CIV-EPS
Court: District Court, S.D. Florida; January 11, 1985; Federal District Court
Defendant's motion to transfer the case from the Southern District of Florida to the District of Connecticut, filed under 28 U.S.C. § 1404(a), was denied by the court. The court noted that while § 1404(a) aims to prevent inconvenience and unnecessary expenses for parties and witnesses, a transfer requires the defendant to demonstrate a compelling balance of convenience favoring the new forum. The burden lies with the defendant to establish this necessity, and the plaintiff's choice of forum is typically upheld unless the defendant can show otherwise. The court found that the defendant failed to meet this burden, as the motion relied on vague assertions regarding witness locations and the location of business records without providing sufficient evidence to prove that these factors strongly favored a transfer. The affidavits submitted by the defendant were deemed insufficient, as they consisted of general claims rather than clear and persuasive evidence. The court concluded that there was no compelling reason to alter the venue, thus reaffirming the plaintiff's choice of forum. Courts consistently reject motions for transfer based solely on vague assertions about the necessity of witnesses or the location of documents. In *American Standard, Inc. v. Bendix Corp.*, the court clarified that a party seeking transfer under 1404(a) must specifically identify necessary witnesses and their expected testimony; general claims are insufficient. Similarly, general statements regarding the need for transfer due to the location of documents do not meet the standard, as the moving party must detail the location, transportation challenges, and significance of the records. The court noted that many records can be easily transported, diminishing the weight of their location as a factor. Furthermore, the inability to implead third parties or the lack of compulsory process does not automatically warrant transfer. The defendant failed to specify any unwilling witnesses or justify the necessity of compulsory process. The need for joining additional parties must be more than speculative; mere assertions do not meet the required burden of proof. Consequently, the defendant's motion for transfer was denied, but this denial is without prejudice, allowing for a potential refile with more specific supporting facts following the amendment of the defendant's answer and the assertion of a new counterclaim.