Mellits v. Mclaren Engineering Group

Background

The plaintiff brought an age-discrimination suit based on the plaintiff’s experience working at the defendant’s facility in Maryland. In an earlier order, the court directed the parties to explain why the action should not be transferred to the United States District Court of Maryland. The defendant submitted a letter supporting transfer, and the plaintiff submitted an opposition letter; the defendant then replied.

Transfer Standard

Under 28 U.S.C. § 1404(a), a federal district court may transfer a civil action to another district where it could have been brought when doing so would serve the convenience of the parties and witnesses and the interests of justice. The court considered the plaintiff’s choice of forum, witness convenience, the location of documents and other evidence, the parties’ convenience, the location of the events, the ability to compel unwilling witnesses to attend, and the parties’ relative means.

Parties’ Positions and Court’s Analysis

The defendant argued that it would incur unnecessary expenses if it had to produce witnesses, conduct depositions, and pursue document discovery between Maryland and New York. The plaintiff argued that transfer was improper because the defendant might rely on agreements containing New York forum-selection and choice-of-law clauses. The court rejected that argument as a reason to keep the case in New York, explaining that this action was not one to enforce either agreement and that the plaintiff did not argue the claims were within those agreements’ scope.

The court found that the balance of convenience and the interests of justice favored transfer. Although the plaintiff’s choice of New York weighed against transfer, the court stated that Maryland appeared to be the location of the operative events and that relevant witnesses and documents were more likely to be there. It also found that litigating both this action and the defendant’s related Maryland matter in Maryland would be more convenient for the parties.

Disposition

Judge Lorna G. Schofield ordered that the action be transferred to the United States District Court of Maryland. The opinion does not decide the merits of the plaintiff’s age-discrimination claim.