Strypek v. Schreyer
District Court, S.D. New York
1Opinion of the Court
WEINFELD, District Judge.
The rule on motions for transfer under § 1404(a) of Title 28, United; States Code, is that the plaintiffs’ choice of forum — in this instance, the district, of their residences — is rarely to be disturbed. And unless the defendants sustain the burden of showing that “the-balance is strongly in favor” of them,. their motion must be denied. 1 The defendants have failed to sustain their burden.
The moving affidavit contains a general statement that all available witnesses reside within fifty miles of the courthouse of the Pennsylvania District to which transfer is sought,…
2Cases cited3 opinions
- Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
- Jenkins v. Wilson Freight Forwarding Co.District Court, S.D. New York · 1952
- Lago Oil & Transport Co. v. United StatesDistrict Court, S.D. New York · 1951
3Cited by7 opinions
- Sweetheart Plastics, Inc. v. Illinois Tool Works, Inc.District Court, S.D. New York · 1967
- Brown v. WoodringDistrict Court, M.D. Pennsylvania · 1959
- General Electric Co. v. Central Transit Warehouse Co.District Court, W.D. Missouri · 1955
- Coffill v. Atlantic Coast Line RailroadDistrict Court, E.D. New York · 1960
- Cold Metal Products Co. v. Crucible Steel Co.District Court, D. New Jersey · 1954
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