These third-party witnesses are not, however, beyond the subpoena power of a Wyoming court. "The availability of process to compel the testimony of important witnesses is an important consideration in transfer motions." Arrow Electronics, 724 F. Supp. at 265. Plaintiff's attempt to preclude third-party testimony concerning the purchase of the earplugs -- based upon his assertion that "he purchased the earplugs without the assistance of any salesperson and no representations were made to [him] about the earplugs" - - at this juncture is improper. Fontana Affidavit at 2. Similarly, Plaintiff's attempt to limit defendant's third-party witnesses to plaintiff's friend, Mr. Mekerteshian, who, according to plaintiff, is the only witness to the target shooting incident that allegedly injured plaintiff, is of no moment. Defendant is entitled to depose and call as trial witnesses individuals who can testify with respect to: (a) the facts surrounding plaintiff's purchase of the earplugs from Outdoors Sport; and (b) the facts surrounding plaintiff's use of the earplugs.
Moreover, plaintiff's choice of forum should be given little weight because there is no material connection between this action and the Southern District of New York. In fact, the only connections to this district that plaintiff's alleges is (a) his intention to change his residency to New York, (b) his previous and current connections to New York State that are unrelated to this action, (c) the fact that he pursued medical treatment in New York City, (d) his intention to pursue further medical treatment in New York, and (e) his anticipation that all of his experts will be in New York State. See Fontana Affidavit. The emphasis that a court places on plaintiff's choice of forum diminishes where, as here, "the facts giving rise to the litigation bear little material connection to the chosen forum". St. Regis Mohawk Tribe v. State of New York, 774 F. Supp. 185, 189 (S.D.N.Y. 1991); see also Arrow Electronics, 724 F. Supp. at 265 (where the facts of the action bear little connection to the chosen forum, "plaintiff's choice is given reduced significance" (citations omitted).
Finally, it is likely that Wyoming law will apply to this action. This is yet another factor favoring transfer of this action to Wyoming. See Vaughn v. American Basketball Assoc., 419 F. Supp. 1274, 1278 (S.D.N.Y. 1976).
For the reasons set forth above and in the interests of justice, defendant's motion to transfer this action to Wyoming is granted.
Dated: New York, New York
March 30, 1994
ALLEN G. SCHWARTZ, U.S.D.J.