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Personal Injury: Other | Oregon
Order
ORDER: Denying Motion to Transfer Venue, ECF No. 28 . Defendants moved to transfer this matter to the Southern District of Texas for "the convenience of the parties and witnesses" and because the "facts and allegations" are disconnected from Oregon. ECF No. 28 at 16. A district court may transfer a civil action to another district "[f]or the convenience of parties and witnesses [and] in the interest of justice." 28 U.S.C. § 1404(a). The moving party bears the burden of establishing "both "(1) that the transferee court is one where the action could have been brought in the first instance, and (2) that convenience and justice require transfer." Dantes v. RFPIO, Inc., 2026 WL 764403 at *1 (D. Or. Mar. 17, 2026); Decker Coal Co. v. Commonwealth Edison Co., 805 F.2d 834, 843 (9th Cir. 1986). This Court balanced all the factors identified in Decker Coal Co. and finds the Defendants have not made a showing of inconvenience sufficient to justify transfer. 805 F.2d at 843; Adidas Am., Inc. v. Cougar Sport, Inc., 169 F.Supp. 3d 1079, 1096 (D. Or. 2016). Notably, Plaintiff is a resident of Oregon, and the District of Oregon was his chosen forum. See ECF No. 56 ; FAC 1, ECF No. 31 ; see Decker Coal Co., 805 F.2d at 843 ("The defendant must make a strong showing of inconvenience to warrant upsetting the plaintiff's choice of forum."). And the private- and public-interest factors do not weigh in Defendants' favor enough to overcome the deference owed to a plaintiff's choice of forum. Carijano v. Occidental Petroleum Corp., 643 F.3d 1216, 1227 (9th Cir. 2011). Ordered by Judge Michael J. McShane. (cp)
Declaration
Supplemental Declaration of Sean A. Mauze . Filed by Sean A. Mauze. (Related document(s): Response in Opposition to Motion 38 .) (Dablow, Zachary)
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