Defendant's motion to transfer venue was denied even though all of the private and public interest factors favored transfer or were neutral. "While this case was pending, [defendant] filed a separate action against [plaintiff] in the Eastern District of Virginia. . . . By filing suit in [Virginia], [defendant] has demonstrated that it is not inconvenient to litigate the dispute across the country, away from its party witnesses and its sources of its proof. . . . The court does not fault [defendant] for its decision to sue in [Virginia] – the venue statute gives [defendant] a range of options. But the court views with some caution [defendant's] convenience arguments when the court examines the totality of the circumstances existing between these two parties. Under these facts, and despite the court’s findings on the public and private interest factors, [defendant] has not demonstrated good cause for a transfer."
GraphOn Corp. v. Juniper Networks, Inc., 2-07-cv-00373
(TXED September 29, 2009, Order) (Everingham, M.J.)