Thursday, September 17, 2009

EDTX Addresses Transfer of Venue in Multi-Defendant Case -- Motion Granted as to California Defendants, Denied as to Texas Defendants

The court granted defendants' motion to transfer venue for convenience as to the moving defendants. "[Plaintiff's] website identifies its headquarters and only 'location' as San Francisco. . . . The NDCA is also where a majority of the original defendants’ operations are centered. . . . [Plaintiff] has failed to show a sufficient connection to this district to override the conveniences gained by transferring the case to the NDCA. . . . As to the Texas Defendants, added by [plaintiff] after the Federal Circuit’s TS Tech decision, the Court finds transfer would be extremely inconvenient and unfair. These Defendants were apparently added to the lawsuit for the purpose of maintaining venue in this district. . . . It is clear that these Defendants are not 'so involved in the controversy' as to require the same issues to be litigated in two places."

Balthaser Online, Inc. v. Network Solutions LLC et al.,
2-08-cv-00430 (TXED September 15, 2009, Order) (Folsom, J.)

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