2. Convenience of the parties and witnesses
Next the court must consider the convenience of the parties and witnesses. When evaluating the convenience of the parties and witnesses, the court should consider: (1) the plaintiff's choice of forum; (2) the situs of material events; (3) the relative ease of access to sources of proof; (4) the convenience of the witnesses; and (5) the convenience to the parties of litigating in the respective forums. North Shore Gas Co. v. Salomon, Inc., 896 F. Supp. 786, 791 (N.D. Ill. 1995). The moving party bears the burden of showing that the transferee forum is more convenient. Chemical Waste Management v. Sims, 870 F. Supp. 870, 876 (N.D. Ill. 1994).
In this case, the convenience of the parties and witnesses weighs in favor of transfer. First, Carillo's entire case is based on alleged incidents that took place at the Dwight Correctional Center; thus, the Central District is the situs of all material events. In fact, the only connection that the Northern District has to this case is that Carillo and Darden reside here. Moreover, the records relating to this incident are located at the Dwight Correctional Center.
It is true that the Northern District of Illinois is Carillo's chosen forum. However, where plaintiff's chosen forum is not the situs of material events, plaintiff's choice is given consideration equal to other factors. Robinson v. Town of Madison, 752 F. Supp. 842, 847 (N.D. Ill. 1990); see also Heller Fin., Inc., 713 F. Supp. 1125 at 1129. Further, while a plaintiff's choice of forum is an important consideration in determining whether a motion to transfer should be granted, it is not absolute and will not defeat a well-founded motion to transfer. Applied Web Sys., Inc. v. Catalytic Combustion Corp., 1991 U.S. Dist. LEXIS 5696, No. 90 C 4411, 1991 WL 70893, at *3 (N.D. Ill. Apr. 29, 1991).
3. Interests of justice
The "interest of justice" component "embraces traditional notions of judicial economy, rather than the private interests of the litigants and their witnesses." TIG Ins., Inc. v. Brightly Galvanized Prods., Inc., 911 F. Supp. 344, 346 (N.D. Ill. 1996). It includes such considerations as the speed at which the case will proceed to trial and the public interest in having a case resolved in a particular forum. Coffey, 796 F.2d at 221. The administration of justice is served more efficiently when the action is litigated in the forum that is "closer to the action." Paul v. Lands' End, Inc., 742 F. Supp. 512, 514 (N.D. Ill. 1990).
In this case, the interest of justice factor weighs in favor of transfer. There is no evidence that the case will proceed quicker to trial in either district. However, given that the alleged incident took place exclusively in the Central District and two of the three defendants reside in the Central District, the court finds that there is a greater public interest in having the dispute resolved in the Central District. In other words, the Central District is undoubtedly "closer to the action" than the Northern District.
Based on the above considerations, the court has determined that this case should be transferred to the Central District of Illinois. It is true that Illinois is Carillo's chosen forum. However, other considerations strongly outweigh the weight given that choice. The only connection this case has to the Northern District is that Carillo and Darden are residents of the Northern District. In contrast, the Central District is the situs of all of the material events; the records relating to this incident are located in the Central District; and the Central District of Illinois is undoubtedly "closer to the action" than the Northern District. Thus, the court finds that the convenience of the parties and witnesses and the interest of justice weigh in favor of transferring this case to the Central District.
For the foregoing reasons, the court (1) denies defendants Robert Hoffmeyer and Joe Ruddy's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(3); (2) denies defendants' motion to transfer pursuant to 28 U.S.C. § 1406; and (3) grants defendants' motion to transfer pursuant to 28 U.S.C. § 1404(a). Accordingly, the court transfers this case to the United States District Court for the Central District of Illinois pursuant to 28 U.S.C. § 1404(a).
Date: FEB 06 1998
James H. Alesia
United States District Judge
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