Health Discovery Corp. v. Ciphergen Biosystems, Inc., 2007 WL 128283(E.D.Tex. Jan 11, 2007) (NO. CIVA 2:06CV260 TJW)
Judge: T. John Ward
Holding: Motion to Transfer Venue GRANTED.
Defendant sought a transfer of this case to the Northern District of California based on improper venue in the Eastern District of Texas, as well as under 1404. Plaintiff sought a transfer to Houston or Austin, and alternatively leave to conduct discovery into the defendant's contacts with the Eastern District of Texas. Judge Ward denied the request for leave to conduct discovery into the defendant's contacts with the Eastern District, noting that the plaintiff had set forth no facts supporting venue, and holding that the case was filed without sufficient facts to support the plaintiff's contention that venue was proper. With respect to where the case should be transferred, Judge Ward held that the forum selection clauses requiring venue in the ND Cal did not apply, but declined to assign any weight to the plaintiff's second or third choice of forum in Houston or Austin, and accordingly held that the balance of the relevant factors required transfer of the case to California.