West Coast Trends, Inc. v. Ogio International, Inc., et. al., 6:10cv0688 (E.D. Tex. 10/27/11)
Judge: John Love
Holding: Motion to Transfer Venue GRANTED
Judge Love granted the motion to transfer in this case, finding that the District of Utah was a clearly more convenient forum. The cost of attendance of willing witnesses, the location of the sources of proof, and the District of Utah’s local interest in the case weighed heavily in favor of transfer, he concluded. The development of the accused products and the decisions regarding the sale and marketing of those products occurred within that district, and the presence of one prosecuting attorney in Texas and the prejudice caused by Ogio’s delay in filing the Motion (9 months, but most of that time was spent in active settlement negotiations) did not outweigh the fact that most of the evidence was located in Utah, most of the witnesses are located in Utah, and those witnesses and documents that are not in Utah are located in California.
From Docket Navigator.