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Message: Re: (ease2002) To me this looks like a preemptive strike..BaNosser

Well, I asked the PA the question if we can have these cases moved to Texas? His answer below....for a second there I thought he was Milestone..just no be well at the bottom. LOL That is not a negative Milestone, I just wanted a yes/no but got a legal explanation for an answer which is tough for a black/white guy like myself.

His answer:

Here's some general law...

Federal courts are empowered to transfer any action brought before them to any other federal court if the convenience of the parties and the interest of justice so demands: "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought." 28 U.S.C. Sec. 1404(a). When evaluating whether a transfer is proper under Section 1404(a), the threshold question is whether the transferee court is one where the action might have been brought in the first instance. Reiffin v. Microsoft Co., 104 F.Supp.2d 48, 51 (D.D.C.2000).

Courts then typically look at the followig series of factors:

1. the place where the operative facts occurred;

2. the convenience of the parties;

3. the convenience of the witnesses;

4. the location of relevant documents and relative ease of access to sources of proof;

5.the availability of process to compel the attendance of unwilling witnesses;

6. the forum's familiarity with the governing law;

7. the weight accorded the plaintiff's choice of forum;

8. trial efficiency and the interest of justice, based on the totality of the circumstances.

Good luck to you, me, us, and all longs.

 


Feb 20, 2008 12:36PM
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