American Academy of Implant Dentristry v. American Dental Implant Association, 12-CV-2935, Slip Op. (N.D. Ill. Jan. 22, 2013)(Zagel)
Judge Zagel recited the 7th Circuit’s traditional test for determining whether a motion to transfer should be granted, in deciding to grant a motion to transfer to the Southern District of Florida. In particular, Judge Zagel considered (1) the plaintiff’s choice of forum, (2) the situs of material events; (3) the relative ease of access to sources of proof; (4) the convenience of witnesses; and (5) the convenience of the parties. Per the Court, “[t]he plaintiff’s choice of forum generally is given substantial weight when it is the district in which the plaintiff resides.”
In this case, the Defendant’s contacts with Illinois were tenuous at best, and the Court observed that personal jurisdiction over the Defendant would “by no means be assured.” Based on this, the Court determined the factors merited transfer.