Jane Doe (S.E.S., an individual) v. Choice Hotels International, Inc., et al.

Summary

The United States District Court for the District of Maryland grants Choice Hotels International, Inc. and Choice Hotels International Service Corp.'s motion to transfer a Trafficking Victims Protection Reauthorization Act action to the Southern District of Alabama. The court concludes that the action could have been brought there and that the convenience of witnesses and parties, as well as the interest of justice, favor transfer. The court leaves the defendants' alternative motion to dismiss, a nonparty's correspondence, and the plaintiff's motion for leave to amend for resolution by the transferee court.

Holdings

1. The action could have been brought in the Southern District of Alabama because a substantial part of the events giving rise to the claims occurred there and the defendants were subject to personal jurisdiction there.
2. Transfer to the Southern District of Alabama was warranted because Plaintiff's choice of the Maryland forum was entitled to diminished deference, Alabama was more convenient for the likely witnesses and parties, and the interest of justice strongly favored keeping the litigation against the defendants in one forum.
3. The court did not need to decide whether Maryland venue was improper or whether Maryland had personal jurisdiction over the franchisee because transfer under § 1404(a) was available.

Questions Presented

1. Whether the action could have been brought in the Southern District of Alabama for purposes of transfer under 28 U.S.C. § 1404(a).
2. Whether the convenience of the parties and witnesses and the interest of justice favored transferring the action from the District of Maryland to the Southern District of Alabama.
3. Whether the court needed to decide the challenged venue and personal-jurisdiction issues under 28 U.S.C. § 1406 before transferring the case under § 1404(a).

Disposition

remanded