In a recent Report and Recommendation, Magistrate Judge Sherry R. Fallon recommended that the court deny defendant Baker Hughes, Incorporated’s (“Baker”) motion to transfer venue to the Southern District of Texas pursuant to 28 U.S.C. § 1404(a). Smith International, Inc. v. Baker Hughes Incorporated, C.A. No. 16-56-SLR-SRF (D. Del. Aug. 10, 2016). Judge Fallon concluded that “Baker has not shown that the Jumara factors as a whole weigh strongly in favor transfer.” Id. at 12. Judge Fallon explained that “[o]nly Baker’s forum preference weighs in favor of transfer, and that preference does not warrant maximum deference. On the other hand, the remaining factors are neutral or weigh in favor of [plaintiff] Smith.” Id. Further, “in the present action, [plaintiff] Smith chose a legitimate forum because Delaware is the state of incorporation of both parties.” Id. While Judge Fallon “recognize[d] that it may be more expensive and inconvenient for Baker to litigate in Delaware instead of Texas,” the court declined “to elevate the convenience of one party over the other,’ as ‘discovery is a local event and trial is a limited event.’” Id. at 13. Judge Fallon found that “Delaware imposes no ‘unique or unexpected burden’ on Baker, such that transfer is warranted in the interests of justice.” Id.
Smith Int’l, Inc. v. Baker Hughes Inc., No. 16-56-SLR-SRF (D. Del. Aug. 10, 2016).
UPDATE: Judge Robinson recently overruled objections to Judge Fallon’s Report & Recommendation and affirmed the denial of Baker’s motion to transfer.
Smith Int’l, Inc. v. Baker Hughes Inc., No. 16-56-SLR-SRF (D. Del. Oct. 19, 2016)
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