United States District Court, E.D. Pennsylvania
an action originally filed in the Court of Common Pleas of
Philadelphia County and then removed to this court based on
diversity of citizenship under 28 U.S.C. § 1332(a)(1).
Before the court is the motion of defendant Ultra Clean
Systems, Inc. (“Ultra Clean”) to transfer venue
under 28 U.S.C. § 1404(a) to the United States District
Court for the Middle District of Pennsylvania. Ultra Clean
has also moved for partial dismissal of the complaint to the
extent it alleges negligence per se.
Continental Casualty Company (“Continental”)
avers that it provided insurance coverage for and paid a
property damage claim of OSS Orthopedic Hospital
(“Hospital”) in York, Pennsylvania. Substantial
water damage purportedly occurred from the failure of a
polymeric water hose connected to an ultrasonic sterilizer.
Continental, as the Hospital's subrogee, asserts that
defendant Ultra Clean manufactured and sold the reconditioned
ultrasonic sterilizer to the Hospital and that defendant TPI
Partners, Inc. (“TPI Partners”) manufactured
the hose. Plaintiff brings strict product liability and
negligence claims against the defendants.
is an Illinois company with its principal place of business
in Chicago. TPI Partners is incorporated and has its
principal place of business in Delaware while defendant Ultra
Clean is incorporated and has its principal place of business
For the convenience of parties and witnesses, in the interest
of justice, a district court may transfer any civil action to
any other district or division where it might have been
brought or to any district or division to which all parties
burden of proof rests on the movant to establish that
“all relevant things considered the case would be
better off transferred to another district.” In re
U.S., 273 F.3d 380, 388 (3d Cir. 2001)(quoting In re
Balsimo, 68 F.3d 185, 186 (7th Cir. 1995)).
Court of Appeals decision in Jumara v. State Farm
Ins. Co., 55 F.3d 873 (3d Cir. 1995) governs the
analysis of the pending motion. The Court has outlined a
number of private and public factors which must be
considered. The private factors include:
 plaintiff's forum preference as manifested in the
original choice,  the defendant's preference, 
whether the claims arose elsewhere,  the convenience of
the parties as indicated by their relative physical and
financial condition,  the convenience of the witnesses -
but only to the extent that the witnesses may actually be
unavailable for trial in one of the fora, and  the
location of the books and records (similarly limited to the
extent that the files could not be produced in the
Jumara, 55 F.3d at 879.
the plaintiff's choice of forum should not be lightly
disturbed, it is afforded less weight when the plaintiff
selects a forum other than where the plaintiff resides.
Piper Aircraft Co. v. Reyno, 454 U.S. 235, 236
(1981); In re Link A Media Devices Corp.,
662 F.3d 1221, 1223 (Fed. Cir. 2011). Here, all the parties
are corporations with states of incorporation and principal
places of business other than Pennsylvania. The Hospital
where the damage took place is located in York, Pennsylvania
in the Middle District of Pennsylvania. It is approximately
100 miles from Philadelphia where this court sits and
approximately 25 miles from Harrisburg, the place of the
nearest courthouse in the Middle District.
plaintiff chose to bring this lawsuit in the state court in
Philadelphia. The defendant TPI Partners, situated in nearby
Delaware, appears to be satisfied with venue in this court.
Significantly, only the defendant Ultra Clean, whose address
is in Florida, has moved to transfer the action to the Middle
District of Pennsylvania. Ultra Clean, we note, is no nearer
to that forum than this forum and in terms of long-distance
travel, the Middle District, if anything, is less convenient
for it. In support of its motion to transfer, Ultra Clean
does not raise any concern about adverse financial effects on
any of the parties if the action remains in this court.
it is true that the damage suffered by the Hospital occurred
in York County in the Middle District of Pennsylvania, not
all witnesses or documents are located there. This action
involves claims of strict liability and negligence involving
the manufacture of the hose and sterilizer. No. one contends
that the manufacture of these items occurred in the Middle
District. Undoubtedly documentation and witnesses are also
present in Delaware and Florida. In addition, experts will
surely be needed, and in this regard one forum will not be
more convenient than the other.
is nothing before the court to demonstrate that any books and
records cannot easily be made available in this district. Nor
has Ultra Clean argued that the specific products in issue,
if still at the ...