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Motion to Transfer Venue Granted: Factors Favored Transfer & Plaintiff's Location "Recent, Ephemeral"

By Michael C. Smith

Affinity Labs of Texas, LLC v. Nike, Inc. et al., 2:10cv054 (TXED November 4, 2010)

Judge: Chad Everingham

Holding: Motion to Transfer Venue GRANTED

Instantly rendering my recent venue paper incomplete is Judge Everingham's opinion last week granting a motion to transfer where he found that the private and public factors favored transfer, and that the Plaintiff's location in the district didn't counsel a different result.  He noted that the plaintiff allegedly moved its office to a residential apartment complex in Frisco (which is in the Eastern District) less than three weeks before this suit was filed, thus although the plaintiff did have a long term presence in Texas, its presence in the district "appears to be recent, ephemeral, and an artifact of litigation."  In this case one defendant's headquarters was located in the Northern District of California, and the "vast majority"  of the other defendant's witnesses and evidence were located in Oregon, thus the transferee district was clearly more convenient.

From Docket Navigator.

Full post as published by Eastern District of Texas Federal Court Practice on November 08, 2010 (boomark / email).