interest of justice . . . to any other district or division where it might have been brought."
It appears that this suit might have been brought in New Jersey had Biggers, a resident thereof, chosen to do so. Jurisdiction and venue over Borden could have been had in New Jersey because Borden is a New Jersey corporation. See 28 U.S.C. § 1391.
Transfer of this action to New Jersey will be convenient for Borden, the defendant, because it appears that Borden will be able to implead Marine Builders in New Jersey. It appears from the current record that Marine Builders and Borden negotiated the contract for the vessel on which plaintiff was injured at several meetings, some of which were held in New Jersey, and that Marine Builders knew that the vessel would have its home port in Cape May. Borden further alleges that Marine Builders initiated the transaction which led to the construction of the vessel by sending a representative to one of Borden's offices in New Jersey and that Marine Builders has built at least three other vessels for "New Jersey interests." If all of these statements are true,
then it would appear likely that Marine Builders has sufficient minimal contacts with New Jersey such that exercise of jurisdiction over it by courts in that state would be fundamentally fair. And it appears that New Jersey courts, like those of Pennsylvania, exercise a long-arm jurisdiction measured by the due process clause. Hoagland v. Springer, 39 N.J. 32, 186 A.2d 679 (1962), aff'd for reasons in opinion of court below, 75 N.J.Super. 560, 183 A.2d 678 (1962).
Ability to implead a third party defendant in the proposed transferee forum is an important consideration favoring transfer of an action. Allied Petro-Products, Inc. v. Maryland Casualty Co., 201 F. Supp. 694 (E.D.Pa.1961). But where there are important countervailing considerations of convenience to the plaintiff, it may be appropriate for plaintiff's choice of forum to control. See Popkin v. Eastern Air Lines, Inc., 253 F. Supp. 244 (E.D.Pa.1966). Here, plaintiff, in opposing the motion to transfer, has shown no such countervailing considerations. Plaintiff is not a resident of Pennsylvania, none of the operative facts surrounding the controversy took place in Pennsylvania, and there is nothing in the record indicating that Pennsylvania is a more convenient forum for any witnesses; so it does not appear that plaintiff has an important, legally cognizable stake in his choice of the Pennsylvania federal court as the forum for this action. See Mitchell v. Farrell Lines, Inc., 350 F. Supp. 1325 (E.D.Pa.1972) (Troutman, J.).
Given that New Jersey seems to be a convenient and proper forum and that Pennsylvania is not for all the interested actors in this controversy, and given the lack of compelling countervailing reasons for retaining this case in this court, it follows that this case should be transferred to the United States District Court for the District of New Jersey.
There are two discovery motions currently outstanding in this case, both of which involve the interests of Marine Builders. Because this court does not have jurisdiction over Marine Builders, and because the judge to whom this case is transferred ought to have the freedom to manage this case as he or she sees fit, these motions, documents numbered 70 and 82 in the court file, will be dismissed without prejudice.