Motion to Change Venue for Convenience
The federal decisional law provides that motions to change venue for convenience lie in the broad discretion of the Court and should be determined by examining into convenience and fairness on a case-by case basis. the burden of demonstrating the necessity for transfer lies with the moving party and a plaintiff's choice of forum should not be disturbed unless a clear and convincing showing is made that the balance of convenience favors defendant's choice. See Orb Factory, LTD. V. Design Science Toys, LTD., 6 F. Supp.2d 203,208 (1998).
The Orb case details several factors to be considered in considering a change of venue for convenience:
(1) the convenience of witnesses;
(2) the location of relevant documents and the relative case of access to sources of proof;
(3) the convenience of the parties;
(4) the locus of operative facts;
(5) the availability of process to compel the attendance of unwilling witnesses;
(6) the relative means of the parties;
(7) the forum's familiarity with the governing law;
(8) the weight accorded the plaintiff's choice of forum, and trial efficiency and the interests of justice, based on the totality of the circumstances.