between 17,826.06 and 22,053.01 dollars were received from these members in 1973, and, while the exact number of visits by defendant's agents to this District is unknown, defendant's travel vouchers suggest 13 visits to this District over the past four years. Plaintiff further argues that the National Examination in Speech Pathology was offered 26 times within this District by the Educational Testing Service of Princeton under contract with defendant. Defendant contends there is no connection between defendant and the exam.
Neither the low volume of activity conducted in this District as compared with defendant's total operation nor defendant's status as a non-profit, non-stock corporation, maintaining no office or employee in this District, is dispositive of the issue of whether defendant transacts business in this District. Levin v. Joint Commission on Accreditation of Hospitals, 122 U.S. App. D.C. 383, 354 F.2d 515, 517 ( D.C.Cir. 1965); School District of Philadelphia v. Harper and Row Publishers, Inc., 267 F. Supp. 1006, 1009 (E.D.Pa. 1967). At the same time a professional association is not transacting business in a district merely because some of its members reside in the district. Wentling v. Popular Science Publishing Co. 176 F. Supp. 652 (M.D.Pa. 1959). The standard of transacting business requires activity beyond membership and a few sporadic, peripheral, and isolated contacts with this District. We find this activity not so much in the revenue defendant received in advertising and membership fees from this District or in the number of times the National Examination in Speech Pathology was offered within this District, but rather in defendant's evaluating academic and clinical service programs in this District, certifying 393 members residing in this District, and holding workshops on accreditation, Urban Language, and supervision in public schools in this District. The workshops, certification, and accreditation are the means by which defendant attempts to fulfill its goal of maintaining high standards for professionals providing speech and hearing services and are sufficient to meet the venue requirement that defendant "transacts business" in this District.
Contending that the District of Columbia is the more appropriate forum because it would be more convenient for the production of witnesses and documentary evidence, defendant has filed a motion to transfer pursuant to Section 1404(a), Title 28 U.S.C. Plaintiff argues that this is a case where the issues are primarily legal and few witnesses will be required at trial. In addition, plaintiff agrees to take any and all depositions of ASHA employees at their offices in Maryland and pay postage or transportation costs of any documents requested.
In considering whether or not factors exist warranting a transfer, we are vested with a wide discretion. Plum Tree, Inc. v. Stockment, 488 F.2d 754 (3 Cir. 1973). Our duty is to consider all relevant factors in a case to determine whether or not the moving party has established that, on balance, the trial would more conveniently proceed and the interests of justice be better served in the transferee court. Fitzgerald v. Central Gulf Steamship Corp., 292 F. Supp. 847 (E.D.Pa. 1968).
While at this stage of the proceeding it is difficult for us to ascertain what documents and witnesses will be needed at trial, we agree with plaintiff's analysis that the issues in dispute are primarily legal, not factual, and witnesses will be few. We, therefore, find that defendant has not satisfied its burden.
Daniel H. Huyett, 3rd. / J.
NOW, January 10, 1975, upon consideration of the motion of defendant American Speech & Hearing Association to dismiss for improper venue and improper service or, alternatively, to transfer to the District of Columbia, the memoranda of law submitted, and for the reasons set forth in the within Memorandum, IT IS ORDERED that the motion of defendant American Speech & Hearing Association to dismiss for improper venue and improper service or, alternatively, to transfer to the District of Columbia is DENIED.
DANIEL H. HUYETT, 3rd / J.