Smith v. Milton Hershey School, Memorandum of Law in Opposition to the Defendant’s Motion to Transfer Venue, U.S. District Court for the Eastern District of Pennsylvania, AIDS Law Project of Pennsylvania (Feb. 13, 2012)

Pleadings and Briefs

This memorandum in opposition to a motion to transfer venue was filed February 13, 2012 by the AIDS Law Project of Pennsylvania, in relation to a case brought by them against the Milton Hershey School, alleging violations of multiple anti-discrimination laws for refusing to enroll a 13-year-old pupil because he has HIV. This motion is opposing a requested move of the case from its current location in the U.S. District Court for the Eastern District of Pennsylvania to the U.S District Court for the Middle District of Pennsylvania. The School argued that because the school, and those who made the decisions at issue in the case, are located in Hershey, PA, the venue should be moved to accommodate their location and uninterrupted work at the school.
This memorandum in opposition to the motion argues that the defendants do not meet their burden in arguing against the substantial weight afforded a plaintiff's choice in forum. Since the school concedes that venue is proper in the Eastern District, just not convenient to them, the plaintiffs here argue against shifting the burden of transportation from a large institution with substantial resources to a low-income family and their doctors. The plaintiffs argue that the school is in a much better position to bear any inconvenience associated with the commute to the court.