Motion to Transfer Venue

Motions to transfer venue asserting inconvenience are less common recently, but this case provides a solid workout for the traditional factors, and indicates which continue to have significance when Section 1404 is asserted, particularly in a competitor case.

The moving defendant was Flywheel Sports, but both parties had facilities in the EDTX, with Plaintiff Peloton opening a new facility in Plano several months before the case was filed.

The Court found significant in this competitor case that the average length of time between filing and trial in the EDTX was 10.6 months faster than the SDNY. “Considering all of the evidence in the record,” the Court concluded, “Flywheel has failed to show that trial in the SDNY would be clearly more convenient.” Accordingly, the motion was denied.

© 2020 Michael C. Smith. Use limited to individual subscribers. Further distribution prohibited.

This blog does not constitute legal advice. If you’d like to discuss a related legal matter, please contact Michael C. Smith via email or call 903-938-8900.