Opinion
No. C 04-01674 CRB.
February 18, 2005
ORDER
Defendant in this action moved for dismissal on grounds of forum non conveniens and in the alternative to transfer. The Court allowed the parties 120 days to take discovery in support of their positions on these motions. After reviewing the products of that discovery, the Court has determined that there is little, if any, relationship of the plaintiff's claims to this forum. However, defendant has raised doubts as to whether a court in The Netherlands would have jurisdiction over this matter. Therefore, defendant has not met its burden of demonstrating there is an adequate alternative foreign forum. See Leetsch v. Freedman, 260 F.3d 1100, 1103 (9th Cir. 2001). As such, the motion to dismiss on grounds of forum non conveniens is DENIED.
Plaintiff has not challenged defendant's motion in the alternative to transfer this action. Indeed, plaintiff's discovery revealed that, to the extent there are any witnesses or documents in the United States related to this action, they are located at defendant's headquarters in Georgia. Neither plaintiff nor defendant are California corporations and plaintiff failed to turn up anything in discovery that would indicate that any material evidence or witnesses are located here. Therefore, for the convenience of the parties and witnesses and in the interest of justice, this Court hereby ORDERS that this action be transferred to the United States District Court for the Northern District of Georgia, Atlanta Division. See 28 U.S.C. § 1404(a).