should be ordered only if the balance of conveniences weighs strongly in favor of the change of forum. See Innovations Enterprises Ltd. v. Haas-Jordan Co., Inc., 2000 WL 263745 *2 (E.D.N.Y. Jan. 4, 2000); Pall Corp. v. PTI Tech., Inc., 992 F. Supp. 196, 200 (E.D.N.Y. 1998). Where transfer would merely shift the inconvenience from one party to the other, plaintiff's choice of forum is not to be disturbed. Innovations Enterprises, 2000 WL 263745 *2; Pall Corp., 992 F. Supp. at 199.
B. Transfer Is Not Warranted
Defendants' motion to transfer this matter to the Southern District of New York is supported only by the argument that it is easier for them to travel to Manhattan than to Central Islip. The principal argument relies on the asserted fact that there is often traffic on the Long Island Expressway and it is somehow "unjust" to require Defendants to "schlep" all the way "out to the Eastern District."
In support of his choice of venue, Plaintiff argues that his principal place of business is in Nassau County, Defendants' cease and desist letter was written to Plaintiff at his office in that county and Defendants have advertised their services within this District.
Aside from the excessive schlep argument, Defendants have failed to articulate a single reason why transfer is warranted. They have not identified particular witnesses, the location of documents or other sources of proof. Nor have Defendants addressed any of the other issues referred to above that are relevant to the transfer issue. Instead, the motion stands or falls on the issue of traffic on the Long Island Expressway. That traffic (which, incidentally, would likely be against the usual west to east flow) is insufficient to warrant transfer and the motion is therefore denied.
It is worth noting that the trip that Defendants would impose on Plaintiff, the east to west trip from Syosset to Manhattan, is also a schlep. Such a trip can take hours. Additionally, Defendants may be surprised to learn is that airplanes have been known to land in an airport that is conveniently located way "out in the Eastern District." That airport is located in Islip, New York. It is approximately a twelve minute drive from that airport to the Central Islip Federal Courthouse — not a schlep at all. Indeed, the ride from the Islip airport to the Long Island Courthouse is most pleasant when compared with the commute from New York's Laguardia or Kennedy airports to the Southern District Courthouse in Manhattan.
As noted above, Plaintiff's forum choice is not to be disturbed unless justice weighs heavily in favor of transfer. Here, it does not. In light of the foregoing, the court holds that transfer of this matter pursuant to 28 U.S.C. § 1404(a) is not appropriate.
For the foregoing reasons, Defendants' motion to dismiss the complaint is denied. Plaintiff is granted twenty days from the date of this order in which to amend his complaint to name as a defendant the corporation that owns the trademark at issue. The motion to transfer this matter to the Southern District of New York is also denied. If they have not already done so, the parties are ordered to contact the Magistrate Judge assigned to this matter so that discovery may proceed.
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