customary or official discrimination by the City of Fort Lauderdale, than as to the Philadelphia police who will be testifying regarding whether the plaintiff lost an employment opportunity here. The convenience of the treating physician is entitled to little or no consideration. Leinberger v. Webster, supra at 35. While the location of witnesses is important, it is the quality not quantity of witness testimony which must be considered. Bartolacci at 383, Wright & Miller, Federal Practice and Procedure § 3851 (1976). This consideration favors transfer.
The second factor in favor of transfer is the cost of attendance of willing witnesses. Most of the witnesses, whether in Pennsylvania or Florida could be videotaped but some of those in Florida might well be critical. Because of the importance of the liability issue a greater number of Florida witnesses will be required to testify; their attendance in person would increase the cost of the trial, if held in Philadelphia. It is no answer to say that the City of Fort Lauderdale was able to travel to Philadelphia to recruit, and therefore it should be able to come here to litigate. For one thing, this lawsuit does not arise out of the City's conduct in recruiting; it arises out of the treatment of the plaintiff after he moved to Fort Lauderdale and was working there. Recruiters from Fort Lauderdale travelled not only to Philadelphia, but also to many cities in the country in order to recruit minority persons for their police force. Exposing the city to litigation all over the country would make it difficult for Fort Lauderdale or other cities contemplating future recruitment drives to justify the risk of such exposure. In a situation such as this where one is asked to weigh the costs to the taxpayers of a municipality in transporting a number of "quality" liability witnesses, against the cost to a private individual plaintiff of transporting damage witnesses, the balance is easy to strike. The cost of attendance factor favors transfer to Florida. Cf. Schmidt, supra at 48 (inconvenience to plaintiff's witnesses outweighed by inconvenience to defendant's witnesses and the interference with their charitable, health-related activities).
The public interest in conserving judicial resources also makes transfer appropriate. Whether sufficient contacts exist to create in personam jurisdiction over Fort Lauderdale and whether venue lies in Pennsylvania is in doubt.
Neither of these questions would exist in Florida: in personam jurisdiction over a resident corporation would be clear, and there is venue in Florida under either § 1391(b) or § 1391(c). "Substantial time, money and effort will be required to determine these preliminary jurisdictional issues which are rendered unnecessary if the action is transferred to the Southern District of Florida, which has in personam jurisdiction over the defendant and is a forum where the action might have been brought. A transfer, obviating a jurisdictional difficulty, has been found to serve the interests of justice within the meaning of that language in § 1404(a)." Donnelly v. Klosters Rederi A/S, 515 F. Supp. 5, 7 (E.D. Pa. 1981), citing Terukuni Kaiun Kaisha, Ltd. v. C.R. Rittenberry, Inc., 454 F. Supp. 418 (S.D. N.Y. 1978). The motion to transfer will be granted.
AND NOW, this 24th day of June, 1983, upon consideration of defendant's motion to dismiss for lack of in personam jurisdiction and motion to transfer pursuant to 28 U.S.C. § 1404(a), plaintiff's responses thereto, and for the reasons stated in the accompanying Memorandum, it is ORDERED that:
1) The motion to dismiss is DENIED.
2) The motion to transfer to the United States District Court for the Southern District of Florida, where it might have been brought is GRANTED.
3) The Clerk of this court shall send a certified copy of this Memorandum and Order together with the record in this case to the Clerk of that court.