DECISION AND ORDERJURISDICTION This case was referred to the undersigned by Hon. Lawrence J. Vilardo by order filed August 30, 2018 (Dkt. 6) for all pretrial matters. It is presently before the court on Defendant’s motion to transfer the case to the Northern District of New York pursuant to 28 U.S.C. §1404(a) (“§1404(a)”).1BACKGROUNDPlaintiff initiated suit by filing, on June 13, 2018, the Complaint in New York Supreme Court, Niagara County, alleging negligence. Defendant timely removed the action to this court pursuant to 28 U.S.C. §1446(b) on July 12, 2018, based on diversity jurisdiction under 28 U.S.C. §1332(a). By papers filed November 5, 2018 (Dkt. 15) Defendant moved for a transfer of venue to the Northern District of New York together with a Certification In Support Of Motion To Transfer Venue (Dkt. 15-2) (“Defendant’s motion”). Plaintiff filed its Memorandum of Law in Response to Motion To Transfer Venue on November 29, 2018 (Dkt. 19-1) (Plaintiff’s Opposition”). On January 3, 2019, Defendant filed its Reply Memorandum In Further Support Of Motion To Transfer Venue (Dkt. 26) (“Defendant’s Reply”). On March 27, 2019, Defendant filed its Motion To Supplement Motion To Transfer Venue (Dkt. 27) (“Defendant’s Motion to Supplement”). On April 9, 2019, Plaintiff filed Plaintiff’s Further Affirmation In Response To Motion To Transfer Venue (Dkt. 29) and Reply Affirmation and Memorandum To Defendant’s Supplemental Motion To Transfer (Dkt. 29-1) (“Plaintiff’s Response”). By Order filed April 18, 2019 (Dkt. 30) Defendant’s Motion to Supplement was granted. Oral argument on Defendant’s motion was deemed unnecessary.FACTS2Plaintiff alleges it is a locally owned and operated short-distance moving company which contracted with a local customer, J.B. Hunt, to provide delivery services for J.B. Hunt in the Albany, New York region at a flat fee of $900 per delivery trip. Defendant is a cable service provider for the area of Columbia County including the Town of Chatham, New York (“Chatham”) approximately 30 minutes southeast of Albany near (12 miles) the New York — Massachusetts border. Plaintiff alleges that while two of its employees were operating its 2017 Harvester box-type delivery truck on July 9, 2017 on a road in Chatham, Plaintiff’s truck struck one of Defendant’s cables then strung across the highway at an improper height, i.e., lower than the height required by law for such cables. As a result of the collision the top of Plaintiff’s truck was sheared off, extensively damaging the truck, and necessitating repairs requiring an extended period of time to complete at a cost to Plaintiff of $16,393. Plaintiff further alleges that because the collision rendered the truck inoperable while undergoing repair Plaintiff was also unable to provide further delivery services for J.B. Hunt for the period July 9, 2017 to November 6, 2017, resulting in a revenue loss of $108,500 based on the delivery service it would have otherwise provided under its contract with J.B. Hunt had Plaintiff’s truck been available for this purpose. Plaintiff further alleges Plaintiff’s loss of Plaintiff’s ability to perform Plaintiff’s contract with J.B. Hunt resulted in a loss of the contract and annual revenue of $234,000 following November 6, 2017.Defendant states transfer is warranted by the material operative facts having occurred in the Northern District,3 convenience of six non-party material witnesses including Defendant’s former service manager, and significant calendar congestion in this district. Dkt. 15-2
