Bid by Wisconsin food company to escape South Dakota federal court fails

Company argued that it did not reside in South Dakota and shouldn't be sued here

A Wisconsin frozen food company is subject to the U.S. District Court for the District of South Dakota because a significant amount of events leading to a lawsuit took place in South Dakota, a federal judge has ruled.

Echo Lake Foods had sought to have the lawsuit dismissed, arguing that South Dakota was an improper venue. In the alternative, the company sought to have the case transferred to the Eastern District of Wisconsin, arguing that its executives would incur the expense and time burden of traveling to South Dakota.

But Judge Karen Schreier rejected both requests, ruling that South Dakota was a proper venue and that Echo Lake was attempting to shift the burden of litigation onto Sioux Falls-based Grand Prairie Foods.

“Here, however, it is clear that one party, whether the litigation takes place in South Dakota or Wisconsin, will need to incur travel expenses and costs associated with transporting witnesses and evidence,” Schreier wrote in her order dated Jan. 4. “Transferring this action to Wisconsin would simply shift the inconvenience of litigating in a foreign forum from Echo Lake to Grand Prairie, and Echo Lake has not explained why Grand Prairie would be better suited to endure such inconveniences.”

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