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United States Ex Rel. Westrick v. Second Chance Body Armor, Inc.

Citations: 771 F. Supp. 2d 42; 2011 U.S. Dist. LEXIS 30434; 2011 WL 1048183Docket: Civil Action 04-280 (RWR)

Court: District Court, District of Columbia; March 24, 2011; Federal District Court

Narrative Opinion Summary

This case involves a lawsuit initiated by the government and a relator against Second Chance Body Armor, Inc., Toyobo Co. Ltd., and individual defendants for alleged violations of the False Claims Act (FCA). The allegations center on the defendants' concealment of the accelerated degradation of Zylon, a synthetic fiber used in bulletproof vests sold to the government. The defendants, primarily based in Michigan, filed a motion to transfer the venue to the Western District of Michigan, arguing that the proceedings in the current district caused financial strain and inconvenience. However, their motion was denied as they failed to demonstrate that a transfer would serve the interest of justice under 28 U.S.C. § 1404(a). The court evaluated both public and private interest factors, noting the significant deference given to the plaintiff's choice of forum, especially when it is meaningfully connected to the claims. The court also considered the convenience of witnesses and found that the current district was more suitable. Ultimately, the court ruled against transferring the case, emphasizing judicial efficiency and the local interest in resolving the controversy.

Legal Issues Addressed

Convenience of Witnesses in Venue Transfer

Application: The court determined that the current district was more convenient for a majority of witnesses, which weighed against transferring the case.

Reasoning: The individual defendants cite seven witnesses for whom Michigan would be more convenient, while the plaintiffs identify twelve witnesses from the D.C. area and five from the Boston-Washington corridor, indicating that this district is more convenient for a majority of witnesses.

False Claims Act Violations

Application: The government and relator allege that Second Chance Body Armor, Inc. and Toyobo Co. Ltd. violated the False Claims Act by concealing the degradation of Zylon used in body armor sold to the government.

Reasoning: The government, represented by relator Aaron J. Westrick, initiated a lawsuit against Second Chance Body Armor, Inc. and related entities, as well as Toyobo Co. Ltd. and individual defendants, for alleged violations of the False Claims Act (FCA) concerning the sale of Zylon body armor.

Plaintiff's Choice of Forum

Application: The plaintiff's choice of forum is given significant deference, especially when both the relator and government select the same district, and the claims have a meaningful connection to the chosen forum.

Reasoning: The plaintiff's choice of forum is given significant deference unless it lacks a meaningful connection to the claims or parties. In this case, both the relator and the government have chosen the same forum, affirming the appropriateness of the district.

Public and Private Interest Factors in Venue Transfer

Application: The court found that public interest factors, such as judicial efficiency and the local interest in resolving controversies, weighed against transferring the case. The convenience of parties and witnesses also did not support transfer.

Reasoning: Therefore, public interest factors strongly oppose transfer.

Venue Transfer under 28 U.S.C. § 1404(a)

Application: The defendants' motion to transfer venue to the Western District of Michigan was denied because they failed to demonstrate that such a transfer would serve the interest of justice.

Reasoning: The individual defendants, who were officers of Second Chance and resided in Michigan, sought to transfer the venue of the case to the Western District of Michigan, but their motion was denied as they did not demonstrate that such a transfer would serve the interest of justice.