Robertson v. Kiamichi Railroad Co., L.L.C.

• Decision Date: 22 January 1999
• Docket Number: No. 1:98-CV-1765.,1:98-CV-1765.
• Parties: Randall K. ROBERTSON v. KIAMICHI RAILROAD CO., L.L.C.
• Court: U.S. District Court — Eastern District of Texas

42 F.Supp.2d 651

Randall K. ROBERTSON v. KIAMICHI RAILROAD CO., L.L.C.

No. 1:98-CV-1765.

United States District Court, E.D. Texas, Beaumont Division.

January 22, 1999.

Gilbert Timbrell Adams, III, Attorney at Law, Beaumont, Tx, for Randall K. Robertson, Eric Davis Holland, Rathmann & Francis, St. Louis, MO, for Randall K. Robertson, plaintiff.

John Robert Mercy, Atchley, Russell, Waldrop & Hlavinka, Texarkana, TX, for Kiamichi Railroad Company LLC, defendant.

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

SCHELL, District Judge.

The court heretofore ordered that this matter be referred to the Honorable Earl S. Hines, United States Magistrate Judge at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The court has received and considered the Report of the United States Magistrate Judge pursuant to such order, along with the record, pleadings and all available evidence.

The Magistrate Judge recommended that venue should be transferred to the Paris division of the eastern district of Texas or alternatively to the eastern district of Oklahoma, Muskogee division. Plaintiff filed an objection to transfer of the suit to the eastern district of Oklahoma. Neither party objects to a transfer of the case to the Paris division of the eastern district of Texas.

The court has considered the magistrate judge's report and conducted a de novo review of plaintiff's objections. Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. It is therefore

ORDERED and ADJUDGED that defendant's motion to transfer venue is GRANTED, and the case is transferred to the Paris division of the eastern district of Texas.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE RE: DEFENDANTS' MOTION TO TRANSFER VENUE

HINES, United States Magistrate Judge.

This personal injury action is brought under the Federal Employees Liability Act ("FELA"), 45 U.S.C. §§ 51-59 (1998). Jurisdiction is proper pursuant to 28 U.S.C. § 1331 (1998).

The action is referred to the undersigned for all pretrial matters pursuant to Title 28, United States Code section 636(b) and Local Rules for Assignment of Duties to Magistrate Judges. This report addresses Kiamichi's motion to transfer venue for convenience of the parties and witnesses, and in the interest of justice.

I. BACKGROUND

Plaintiff, Randall K. Robertson, alleges he received hearing loss injuries while employed as a dispatcher for Kiamichi at its place of business in Hugo, Oklahoma. (Compl. ¶ 7.) Plaintiff's residence and principal place of employment are in Hugo, Oklahoma.

Defendant is Kiamichi Railroad Company, L.L.C. ("Kiamichi"). Kiamichi is incorporated in Delaware and is licensed to do business in both Oklahoma and Texas. (Def.'s Mot. to Transfer Venue, Shaffer Aff. ¶ B.) Kiamichi's principal place of business is in Hugo, Oklahoma. (Id.)

Plaintiff brought this FELA action seeking damages for medical expenses, lost wages and physical pain and suffering. He filed his complaint in the United States District Court for the eastern district of Texas, Beaumont division. Thereafter, Kiamichi filed a motion seeking a transfer of venue under 28 U.S.C. § 1404(a).

II. MOTION AND RESPONSE

A. Kiamichi's Motion

Kiamichi argues that this action should be transferred to either the eastern district of Oklahoma, Muskogee division, or the eastern district of Texas, Sherman division, for convenience of witnesses, reduction in costs and public interest concerns. See 28 U.S.C. § 1404(a). Kiamichi argues that the alleged injuries took place in Hugo, Oklahoma, the plaintiff resides in Oklahoma and all witnesses, with the exception of experts, reside in the eastern district of Oklahoma. The defendant concludes that because no operative facts occurred in Texas, transfer of venue is proper.

B. Plaintiff's Response

Plaintiff opposes on three grounds. First, he contends that Kiamichi does business within the eastern district of Texas and therefore venue is proper in the Beaumont division. Second, plaintiff argues that in a FELA action, plaintiff's choice of forum should be given especially great weight. Finally, plaintiff asserts that neither of the defendant's proposed venues would result in a greater convenience to litigants and witnesses.

Plaintiff states that Kiamichi operates freight service from Hope, Arkansas, through Lakeside, Oklahoma, to Paris, Texas, where it connects with Texas Northeastern Railroad. Further, plaintiff proffers an affidavit from James Shaffer, the Secretary/Treasurer of Kiamichi, who states Kiamichi has 17 miles of railroad track going from Paris, Texas to the Oklahoma border. (Pl.'s Resp. to Def.'s Mot. to Transfer Venue at 2, 3.)

As to convenience, plaintiff argues that there is no one forum that clearly results in more convenience to the litigants. (Id. at 3.) Plaintiff claims that both of defendant's proposed venues "would also involve travel and other costs." (Id.) Therefore, travel and costs are similar between the chosen venue and those proposed by the defendant. (Id. at 5.) Additionally, plaintiff alleges that his chosen forum is convenient because some witnesses are located in Paris, Texas, part of the eastern district. Plaintiff states that he received medical evaluation and treatment in Paris, Texas and expects to call one or more of these treating medical personnel as witnesses. Altogether, plaintiff claims that witnesses are located in Hugo, Oklahoma; Ashdown, Arkansas; and Paris, Texas. (Pl.'s Resp. to Def.'s Mot. to Transfer Venue at 3.)

In response to defendant's argument that the Sherman division of the eastern district is a more convenient forum, the plaintiff contends that there is no connection between the Sherman division and the instant suit. (Id. at 3.)

III. LEGAL BACKGROUND

A. Venue Under FELA

FELA provides the exclusive source of recovery for employees of interstate railroads injured or killed during their employment. See New York R.R. Co. v. Winfield, 244 U.S. 147, 37 S.Ct. 546, 61 L.Ed. 1045 (1917). FELA actions are governed by venue provisions recited in 45 U.S.C. § 56. They may be brought "in a district court of the United States, in the district of the residence of the defendant, or in which the cause of action arose, or in which the defendant shall be doing business at the time of commencing the action." 45 U.S.C. § 56.

B. Motion To Transfer Venue Under 28 U.S.C. § 1404

In 1948, Congress enacted 28 U.S.C. § 1404(a), a transfer of venue statute, to permit transfer of cases for convenience or in interests of justice.¹ Congress cited a FELA case as an example of the need for such a provision,² and courts have consistently held that § 1404(a) applies to all actions, not just those listed in the general venue provisions. See, e.g., Ex Parte Collett, 337 U.S. 55, 69 S.Ct. 944, 93 L.Ed. 1207 (1949) (the statutory language "any civil action" found in § 1404(a) has broad applicability). Specifically, section 1404(a) applies in FELA actions. Id. at 62, 69 S.Ct. at 949.

Under section 1404(a), the burden is on the moving party to establish why there should be a change of forum. See Enserch Int'l. Exploration v. Attock Oil Co., 656 F.Supp. 1162, 1167 n. 15 (N.D.Tex.1987). Moreover, there is a "strong presumption in favor of the plaintiff's choice of forum that may be overcome only when the private and public interest factors clearly point towards trial in the alternative forum." Schexnider v. McDermott Intern., Inc., 817 F.2d 1159, 1163 (5th Cir.), cert. denied, 484 U.S. 977, 108 S.Ct. 488, 98 L.Ed.2d 486 (1987).

When deciding whether to transfer venue, the trial court must exercise its discretion in light of the particular circumstances of the case. See Radio Santa Fe v. Sena, 687 F.Supp. 284, 287 (E.D.Tex. 1988). The court should balance two categories of interests when determining whether to transfer venue: (1) the convenience of the litigants, and (2) the public interests in the fair and efficient administration of justice. See International Software Sys., Inc. v. Amplicon, Inc., 77 F.3d 112, 115 (5th Cir.1996); Walter Fuller Aircraft Sales v. The Repub. of the Philippines, 965 F.2d 1375, 1389 (5th Cir.1992).

Convenience factors include: (1) plaintiff's choice of forum; (2) the convenience of parties and witnesses; (3) the place of the alleged wrong; (4) the location of counsel; (5) the cost of obtaining the attendance of witnesses; (6) the accessibility and location of sources of proof; and (7) the possibility of delay and prejudice if transfer is granted. See, e.g., Lindloff v. Schenectady Intern., 950 F.Supp. 183, 185-186 (E.D.Tex.1996) (weighing a combination of factors). All of these factors have relevance to the instant case.

Public interest factors consist of (1) the administrative difficulties caused by court congestion, (2) the local interest in adjudicating local disputes; (3) the unfairness of burdening citizens in an unrelated forum with jury duty; and (4) the avoidance of unnecessary problems in conflict of laws. See Walter Fuller Aircraft Sales, 965 F.2d at 1389.

IV. APPLICATION AND ANALYSIS

A. Kiamichi "Does Business" Within the Eastern District of Texas

The first inquiry is whether the venue selected by plaintiff is permitted under FELA's venue provisions.

Congress, in enacting 45 U.S.C. § 56, unequivocally meant to enable suits to be brought wherever a railroad's operations are conducted, including the operating of trains and maintaining traffic offices. See Miles v. Illinois Cent. R. Co., 315 U.S. 698, 702, 62 S.Ct. 827, 829, 86 L.Ed. 1129 (1942).

According to Kiamichi (i.e., Secretary/Treasurer's Affidavit), the company has a certificate to do business in Texas and owns and operates 17 miles of railroad track from Paris, Texas to the Oklahoma border. (Def.'s Mot. to Transfer Venue, Shaffer Aff. ¶ B.) The Paris, Texas locale where defendant owns railroad track and...