## Facts

- Stephanie Smith sued Colonial Penn Insurance Company for breach of an insurance contract in the Galveston Division of the Southern District of Texas.
- Colonial Penn moved under 28 U.S.C. § 1404(a) to transfer the case to the Houston Division within the same district.
- Colonial Penn argued Galveston was inconvenient because it lacks a commercial airport, requiring travel into Houston followed by a drive to Galveston.
- Smith opposed transfer and relied on her choice of forum.
- Colonial Penn did not identify specific witnesses who would be materially inconvenienced by litigating in Galveston or show that evidence would be significantly more accessible in Houston.

## Issues

1. Whether the case should be transferred from the Galveston Division to the Houston Division under 28 U.S.C. § 1404(a) for the convenience of parties and witnesses and in the interest of justice.

## Decision

- The court denied Colonial Penn’s motion to transfer venue.
- The court held Colonial Penn failed to carry its burden to show that convenience and the interest of justice strongly favored transfer.
- The court gave substantial weight to the plaintiff’s choice of forum and found the asserted travel inconvenience insufficient.

## Legal Principles

- Under 28 U.S.C. § 1404(a), a court may transfer a civil action to another district or division where it might have been brought, based on convenience and the interest of justice.
- The moving party bears the burden to justify transfer, and the decision is committed to the court’s discretion.
- A plaintiff’s choice of forum is generally entitled to great deference and should not be disturbed unless the balance strongly favors the movant.
- In evaluating transfer, courts consider factors including: convenience and availability of witnesses and parties; location of counsel; location of records; costs of attendance and trial expenses; place of the alleged wrong; and potential delay or prejudice.
- General or trivial claims of inconvenience, without specific witness-related or evidence-related proof, are insufficient to warrant transfer.

## Conclusion

The court refused to transfer the case within the district because the defendant showed only modest additional travel and failed to present concrete, witness- and evidence-based reasons strong enough to override the plaintiff’s chosen forum under § 1404(a).


Smith v. Colonial Penn Ins. Co., 943 F. Supp. 782 (S.D. Tex. 1996)