This is a product liability case arising out of an auto accident in North Carolina involving an allegedly defective highway guardrail. Defendant Trinity sought transfer to the Northern District of Texas, which was its headquarters. Judge Gilstrap found that North Carolina was the clearly more convenient venue, more so than either the Eastern or the Northern District of Texas.
It is what happened next that is interesting.
In an addendum to the opinion, the court noted that on May 15, while it had decided and was drafting this opinion and order, it received electronic notice that the defendants had filed an application for a writ of mandamus with the Fifth Circuit seeking to compel the court to grant the motion, as well as a ruling on an emergency motion to stay all proceedings and deadlines and request for expedited briefing that was filed less than seven business days before.
While noting that the application correctly stated that the motion to transfer had been fully briefed and ripe for two months, the court noted that Trinity failed to consider that it had other pending cases and motions besides their own: