09-2232 Research Automation, Inc., v. Schrader-Bridgeport International, Inc.

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Civil Procedure
Venue
Where parties file mirror image lawsuits against each other, there is no presumption that the dispute should be heard in the forum where the first suit was filed.

“In this case, the district court followed our consistent practice of evaluating the order of filing as part of the section 1404(a) transfer analysis. At oral argument, Research Automation seemed to agree with this approach, acknowledging that the section 1404(a) factors ‘clearly’ apply to a determination of whether the first-filed case should proceed. Research Automation maintains, however, that none of the factors is sufficient on these facts to overcome a preference for the forum where the first case was filed. We disagree and hold that there is no such preference. Where a case is filed first should weigh no more heavily in the district court’s analysis than the plaintiff’s choice of forum in a section 1404(a) calculation. We apply the same standard to a section 1404(a) motion regardless of whether there is a second-filed case. The statutory language provides the ultimate touchstone, while the considerations gleaned from judicial glosses will also be applicable to many cases of this type in the sound discretion of the district judge.”

Affirmed.

09-2232 Research Automation, Inc., v. Schrader-Bridgeport International, Inc.

Appeal from the United States District Court for the Northern District of Illinois, Gottschall, J., Hamilton, J.

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