In a recent Report and Recommendation, Magistrate Judge Sherry R. Fallon recommend that the court deny defendant’s motion to transfer to the District of Minnesota pursuant to 28 U.S.C. § 1404(a). Husqvarna AB et al. v. The Toro Company, C.A. No. 15-856-SLR-SRF (D. Del. Aug. 11, 2016). Judge Fallon found that “[o]nly [defendant’s] forum preference for its ‘home district’ and the limitations of some [of defendant’s] witnesses to appear in person for trial weigh in favor of transfer.” Id. at 16. Judge Fallon explained that “[i]n the present action, [plaintiffs] chose a legitimate forum, [defendant’s] state of incorporation.” Id. While Judge Fallon recognized “that it may be more expensive and inconvenient for [defendant] to litigate in Delaware than in Minnesota,” Judge Fallon declined “to elevate the convenience of one party over the other,’ as ‘discovery is a local event and trial is a limited event.’” Id. Judge Fallon concluded that “Delaware imposes no ‘unique or unexpected burden’ on [defendant], such that transfer is warranted in the interests of justice.” Id. According to Judge Fallon, defendant failed to show that the Jumara factors a whole weigh in favor of transfer, and therefore recommended that the court deny defendant’s motion.
Husqvarna AB et al. v. The Toro Company, C.A. No. 15-856-SLR-SRF (D. Del. Aug. 11, 2016).
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