On July 29, the Magistrate Judge in American Vehicular Sciences LLC v. Kia Motors Corp. et al., ruled in favor of transfer primarily because more evidence was in the transferee venue than in Texas. In doing so, the court followed the Federal Circuit’s guidance of tuning out evidence outside of the transferor and transferee forums. AVS v. Kia Motors Corp. et al., at p. 4, citing, In re Toyota Motor Corp., 747 F.3d 1338, 1340 (Fed. Cir. 2014) (“comparison between the transferor and transferee forums is not altered by the presence of other witnesses and documents in places outside both forums”). Notably, the court reversed its own earlier conclusions that presence of evidence outside of both forums made the factor neutral.
Moreover, the court minimized the significance of the judicial economy factor in arriving at its decision. Although the court found that judicial economy “weighed against transfer,” it did not think this factor was significant enough to merit keeping the case in EDTX. After finding the other two private interest factors, (1) availability of compulsory process, and (2) cost of attendance, favored neither party, the court stated that “it appears that no meaningful factors favor retaining [the movants] in the Eastern District of Texas.” AVS v. Kia Motors Corp, at pp. 4-5, citing, In re Morgan Stanley, 417 Fed. Appx. 947, 949 (Fed. Cir. 2011) (“the proper administration of justice may be to transfer to the far more convenient venue” despite the considerations of judicial efficiency).
American Vehicular Sciences LLC v. Kia Motors Corporation et al. (6:13-cv-00148) (EDTX July 29, 2014, Order) (Love, J)