Wenzel v. Knight et al, No. 3:2014cv00432 - Document 32 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 1/14/15. (tdai, )
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Wenzel v. Knight et al Doc. 32 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DOROTHY WENZEL on behalf of herself and all others similarly situated, Plaintiff, V. Civil Case No. 3:14cv432 GLADE M. KNIGHT, et al., Defendants. MEMORANDUM OPINION This matter comes before the Court on the defendants' Motion to Transfer under 28 U.S.C. § 1404(a). (Dk. No. 15.) The defendants, two corporations and the individuals who managed and directed those corporations, ask the Court to transfer this action to the Eastern District of New York. Because the plaintiffs choice of forum, party convenience, and the interest of justice favors Virginia, the Court DENIES the motion. I. Background' Dorothy Wenzel brings this putative class action on behalf of herself and all shareholders of two Richmond-based real estate investment trusts, Apple REIT Seven, Inc. C'A7"), and Apple ' "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." 28 U.S.C. § 1404(a). Section 1404(a) provides 'discretion in the district court to adjudicate motions for transfer according to an "individualized, case-by-case consideration of convenience and fairness.'" Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 29 (1988) (quoting Van Dusen v. Barrack, 376 U.S. 612, 622 (1964)). The defendant bears the burden of proving that § 1404(a) counsels strongly in favor of transfer. See GulfOil Corp. v. Gilbert, 330 U.S. 501, 508 (1946) ("But unless the balance is strongly in favor of the defendant, the plaintiffs choice of forum should rarely be disturbed."). Dockets.Justia.com
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