The opinion of the court was delivered by: ALESIA
This matter is before the Court on the Court's motion to transfer this matter to the United States District Court for the Southern District of Ohio, Columbus Division, pursuant to 28 U.S.C. § 1404(a).
Defendants American Home Products Corp. and Wyeth-Ayerst Laboratories Co. -- a wholly owned subsidiary of American Home Products Corp. -- developed, manufactured, and distributed a contraceptive product called Norplant.
Plaintiffs claim that the Norplant product is dangerous and defective. Consequently, Plaintiffs filed an eight count complaint against Defendants premising recovery on: (1) strict product liability; (2) negligence; (3) breach of express warranty; (4) breach of implied warranty; (5) fraud; (6) misrepresentation; (7) consumer fraud; and in count (8) they seek punitive damages.
All Plaintiffs are citizens of Ohio and reside throughout the state. Defendant American Home Products Corp. is a Delaware corporation with its principal place of business in New Jersey. Defendant Wyeth-Ayerst Laboratories Co. is a New York corporation with its principal place of business in Pennsylvania.
Pursuant to 28 U.S.C. § 1404(a):
A transfer under § 1404(a) is appropriate if: (1) venue is proper in both the transferor and transferee court; (2) transfer is for the convenience of the parties and witnesses; and (3) transfer is in the interests of justice. Vandeveld v. Christoph, 877 F. Supp. 1160, 1167 (N.D. Ill. 1995). "The weighing of factors for and against transfer necessarily involves a large degree of subtlety and latitude, and therefore, is committed to the sound discretion of the trial judge." Coffey v. Van Dorn Iron Works, 796 F.2d 217, 219 (7th Cir. 1986).
Here, venue is proper in both the Northern District of Illinois (the transferor court) and the Southern District of Ohio (the transferee court), see 28 U.S.C. § 1391(a)(1) and (2), (c).
B. Convenience of Parties and Witnesses
When evaluating the convenience of the parties and witnesses, the court considers, among other things: (1) the plaintiff's choice of forum; (2) the site of material events; (3) the availability of evidence in each forum; and (4) the convenience to the parties of litigating in the respective forums. ...