No. 22-11009
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court, some inconvenience is expected and acceptable.” Defense Distributed
v. Bruck, 30 F.4th 414, 433 (5th Cir. 2022). But “the fact that litigating would
be more convenient for that defendant elsewhere is not enough to justify
transfer.” Id. Instead, the party seeking transfer must “clearly establish
good cause for transfer based on convenience and justice.” Id.
The familiar transfer analysis proceeds in two parts. First, the district
court must ask whether the case “might have been brought” in the destina-
tion venue. 28 U.S.C. § 1404(a). The parties agree this action might have
been brought in the Austin Division of the Western District of Texas.
Second, the district court must weigh the private and public interest
factors set forth in Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (1947) to determine
whether the destination venue is “clearly more convenient than the venue
chosen by the plaintiff.” In re Volkswagen, 545 F.3d at 315.
The private interest factors are: (1) the relative ease of access
to sources of proof; (2) the availability of compulsory process
to secure the attendance of witnesses; (3) the cost of attend-
ance for willing witnesses; and (4) all other practical problems
that make trial of a case easy, expeditious and inexpensive.
The public interest factors are: (1) the administrative difficul-
ties flowing from court congestion; (2) the local interest in hav-
ing localized interests decided at home; (3) the familiarity of
the forum with the law that will govern the case; and (4) the
avoidance of unnecessary problems of conflict of laws [or in]
the application of foreign law.
In re Volkswagen, 545 F.3d at 315 (quotations omitted). We have emphasized
that in weighing these factors, no one consideration “can be said to be of dis-
positive weight.” Id. (quoting Action Industries, Inc. v. U.S. Fidelity & Guar-
antee Co., 358 F.3d 337, 340 (5th Cir. 2004)).
We have also emphasized that the Gilbert factors “are not necessarily
exhaustive or exclusive.” In re Volkswagen, 545 F.3d at 315. Pertinent here,