Edward Perez v. Hyannis Air Service, Inc. d/b/a Cape Air

Summary

The District Court of the Virgin Islands overruled Edward Perez’s objections to magistrate judge orders concerning an extension of time, striking an untimely opposition, and transferring venue. Applying the clearly erroneous or contrary-to-law standard, the Court affirmed the orders and concluded that the balance of relevant factors favored transfer to the District of Massachusetts. The case concerns employment-related claims arising from Perez’s termination by Hyannis Air Service, Inc., doing business as Cape Air.

Holdings

1. The magistrate judge acted within the permissible range of discretion in refusing to accept Perez's untimely filing and in striking his untimely opposition. Perez's newly presented facts and exhibits could not properly be used to obtain reconsideration because they should have been presented in the original request.
2. The magistrate judge properly placed the burden on the moving party and properly balanced the relevant private and public interest factors; § 1404(a) does not require every factor to favor transfer, only that the balance of the relevant factors strongly favor transfer.
3. The magistrate judge did not clearly err in finding that the claims centered on Perez's termination in Massachusetts and that the convenience of witnesses favored transfer to the District of Massachusetts.

Questions Presented

1. Whether the magistrate judge clearly erred or acted contrary to law by denying Perez's request for additional time to oppose Cape Air's motion to transfer venue and by striking his untimely opposition.
2. Whether the magistrate judge clearly erred or acted contrary to law in granting transfer of venue to the District of Massachusetts under 28 U.S.C. § 1404(a).
3. Whether Perez established grounds for reconsideration based on newly presented facts, alleged good cause, or manifest injustice.

Disposition

affirmed