Conversely, several courts in this circuit have declined to exercise jurisdiction over cases when the operative facts giving rise to the claim predominantly occurred outside of the forum, even when the plaintiff has chosen their home forum. See Jayaram Chigurupati v. Daiichi Sankyo Co., No.: 10- 5495 (PGS), 2011 U.S. Dist. LEXIS 87432, at *13 (D.N.J. Aug. 8, 2011); Doe v. Ritz Carlton Hotel Co., LLC, No. 14-4423, 2015 U.S. Dist. LEXIS 4799, at *14 (E.D. Pa. Jan. 14, 2015) (noting that “deference is somewhat diminished where, as here, none of the operative facts occurred in plaintiff's chosen forum”)
Multiple courts in this Circuit have held that the right to a jury trial is not necessary to find an alternative forum adequate. See, e.g., Copia Comm'cns, LLC v. AMResorts, L.P., No. 16-5575, 2017 WL 4102687, at *9-10 (E.D. Pa. Sept. 11, 2017) (holding Jamaica to be an adequate alternative forum despite lack of trial by jury); Doe v. Ritz Carlton Hotel Co., LLC, NO. 14-4423, 2015 WL 221106, at *5 (E.D. Pa. Jan. 14, 2015), aff'd, 666 Fed. App'x 180 (3d Cir. 2016) (holding Cayman Islands to be an adequate alternative forum despite no right to trial by jury). Nor is this Court persuaded by Plaintiff's contention that Jamaica is an improper forum because a Jamaican trial would deny her the counsel of her choice - her currently-retained U.S.-trained counsel.
Second, complying with the Hague Convention would come at excessive cost to Defendants and would put them at a significant, and unfair, disadvantage. See Doe v. Ritz Carlton Hotel Co., LLC, No. 14-4423, 2015 WL 221106, at *5 (E.D. Pa. Jan. 14, 2015) (Schmehl, J.) ("The cost and time incurred by the Court and parties to follow the Hague Convention to secure the testimony of defendant's nonparty witnesses in this District would likely be prohibitive."); see also Piper, 454 U.S. at 249, 102 S.Ct. 252 ("Under Gilbert, dismissal will ordinarily be appropriate where trial in the plaintiff's chosen forum imposes a heavy burden on the defendant"). True, the cost to Arconic of making the various US-based party witnesses available to Plaintiffs in the UK is greater than the cost of making them available in Philadelphia.
"As there is no dispute that defendant is amenable to process in the Cayman Islands, the Court finds that an adequate alternative forum exists." Doe v. Ritz Carlton Hotel Co., LLC, 14-cv-4423, 2015 WL 221106, at *2 (E.D. Pa. Jan. 14, 2015). Finally, the Court turns to the various private and public interest factors to be considered under forum non conveniens.