custody or control" so that he could transport them from Pennsylvania to Alabama if necessary. But then he could also transfer them from Alabama to Pennsylvania so there is no reason why the Leedy documents cannot be made available in Pennsylvania. Neither side has stated with any specificity which documents will be required at trial. Each side claims that the crucial documents are in their chosen forum. Consequently, "defendants have not sustained their burden to show that as to the location of the pertinent documents, the balance of convenience weighs in favor of transfer." Lieb v. American Pac. Int'l Inc., 489 F. Supp. 690, 697 n. 10 (E.D.Pa. 1980).
Defendant argues that material witnesses are unwilling to come to Pennsylvania and that no compulsory process would be available to bring them here. But the party seeking the transfer must set out a general statement of what the testimony of the witnesses will cover. Reyno v. Piper Aircraft Co., 630 F.2d 149, 160-61 (3d Cir.1980), rev'd on other grounds, 454 U.S. 235, 102 S. Ct. 252, 70 L. Ed. 2d 419 (1981); Berylco, supra, 512 F. Supp. at 986. Defendant has failed to do this for witnesses other than Messrs. Dillard and Hudson, who could testify as to which document represents the agreement. Defendant's Reply Memorandum at p. 7. Mr. Dillard's potential testimony does not warrant transfer because he could not be compelled to appear in the Northern District of Alabama either. Defendant's Supplemental Memorandum at p. 2 n. 2. Defendant's argument, then, rests on the unavailability in Pennsylvania of Hudson. His testimony is not unique. There are others who may be willing to testify here; at least their unwillingness to testify has not been established. Nor has it been shown that use of a video-taped deposition would be inadequate. This factor does not overcome plaintiff's choice of forum. See, Bartolacci v. Corp. of Presiding Bishop, 476 F. Supp. 381 (E.D.Pa.1979).
Neither does the cost to willing witnesses warrant transfer. Most of defendant's witnesses will have to travel from Alabama to Pennsylvania but most of plaintiff's witnesses would have to travel to Alabama from Pennsylvania if the action were transferred there. The plaintiff's forum should not be disturbed if to do so would merely shift the burden from one party to the other. Lieb, supra, 489 F. Supp. at 697.
The fact that the parties contracted for the law of Pennsylvania to govern their relationship is a factor favoring retention of the case in Pennsylvania. Lieb, supra, at 697. There is a dispute as to which of two documents represents the actual agreement between the parties, see n. 2 supra, but this is no reason to transfer the action. The October 25 document provides in para. 15(a) that Pennsylvania law shall apply; the October 2 document in para. 28 provides that it shall be governed exclusively by the laws of Pennsylvania. Regardless of which document is the agreement between the parties, Pennsylvania law will govern and a federal court sitting in Pennsylvania is as suited to apply Pennsylvania law as a federal court in Alabama.
Defendant also argues that transfer would mitigate the need of this court to deal with complex jurisdictional and venue issues. But the court's order of May 25, 1983, resolved most of those issues; the remainder of these issues are now decided. Avoidance of resolution of complex jurisdictional issues may be a reason to transfer under § 1404(a), United States v. Berkowitz, 328 F.2d 358 (3d Cir.1964), but "if those questions are amenable to resolution before considering a motion to transfer, they appear appropriately resolved at that time." Haeberle v. Texas Intern. Airlines, 497 F. Supp. 1294, 1303 n. 9 (E.D.Pa.1980).
Defendant also contends that the pendency of related cases in Alabama warrants transfer of this action. It is true that § 1404(a) is designed to prevent duplicative litigation of the same issues. Continental Grain Co. v. Barge FBL-585, 364 U.S. 19, 26, 80 S. Ct. 1470, 1474, 4 L. Ed. 2d 1540, 1545 (1960), but
When parties move to transfer an action to another district and rely on the pendency of related actions in that other district, complete and accurate information should be furnished as to those related actions.
Residex Corporation v. Farrow, 374 F. Supp. 715, 722 (E.D.Pa.1974). Defendant has failed to provide this court with such information.
This case could not be consolidated with actions pending in state court. Defendant has not established that a transfer is in the interest of the administration of justice.
There is no reason warranting transfer of this action in view of the strong presumption given to plaintiff's choice of forum. No persuasive arguments have been forwarded that the other signatories should be judged to be indispensable parties under Rule 19. The motions to dismiss, or in the alternative to transfer, are therefore denied.