Blue Calypso, Inc. v. Groupon, Inc., 6-12-cv-00486 (TXED September 27, 2013, Order) (Schneider, J.)
Tuesday, October 1, 2013
“Slightly More Convenient” Does Not Justify Transfer of Venue
The court denied defendant's motion to transfer venue from the Eastern District of Texas to the Northern District of Illinois because most factors were neutral or only slightly favored transfer. "When viewed holistically, this is a very close case. The proposed venue is as convenient as -- if not slightly more convenient than -- the Eastern District of Texas. But slightly more convenient does not rise to the level required under section 1404(a). . . . This case does not present a scenario where [plaintiff] filed a lawsuit in a venue devoid of any real connection to the case. Instead, [plaintiff] filed this lawsuit in its home venue, the Eastern District of Texas. Based on the balance of factors, it would not be 'clearly more convenient' to transfer this case to the Northern District of Illinois."