Opinion
20 Civ. 3185 (LGS)
07-29-2021
LGN INTERNATIONAL, LLC, et al., Plaintiffs, v. HYLAN ASSET MANAGEMENT, LLC, et al., Defendants.
ORDER
LORNA G. SCHOFIELD, DISTRICT JUDGE
WHEREAS, the parties have fully briefed Defendants' motion to dismiss the Second Amended Complaint. Dkt. Nos. 52, 53, 54, 68, 69, 70.
WHEREAS, in the event the Court concludes that venue is improper pursuant to either the general federal venue statute, 28 U.S.C. § 1391(b), or the venue and process section of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §1965(a), this action may be dismissed or transferred to the United States District Court for the Western District of New York, where several Defendants reside. It is hereby
ORDERED that, by August 4, 2021, each side (not party) shall file a letter, not to exceed five pages, stating whether (in lieu of dismissal) transfer to the Western District of New York or some other venue is proper based on “private-interest and public-interest considerations, ” including: “(1) the plaintiffs choice of forum, (2) the convenience of witnesses, (3) the location of relevant documents and relative ease of access to sources of proof, (4) the convenience of the parties, (5) the locus of operative facts, (6) the availability of process to compel attendance of unwilling witnesses, and (7) the relative means of the parties.” N.Y. Marine and Gen. Ins. Co. v. LaFarge No. Am. Inc., 599 F.3d 102, 112 (2d Cir. 2010).