U.S. Ethernet Innovations LLC v. Ricoh Americas Corp., 6:12cv235
Judge: John Love
Holding: Motion to Transfer Venue DENIED
Judge Love denied the motion to transfer this case to the Northern District of California, applying the new timing standard enunciated in In re EMC II to a complex set of facts involving multiple cases in different courts. "For the aforementioned reasons," he concluded, "the Court cannot find that the Northern District of California is a clearly more convenient forum."
"Ricoh has only generalized the location of relevant sources of proof, and as such the Court cannot speculate into the weight of that factor. The only witnesses specifically identified rendered the consideration of compulsory process to only slightly favor transfer and the convenience of witnesses neutral under the Court’s analysis. Further, Ricoh was unable to establish the Northern District of California has a local interest in the outcome of this litigation. Ultimately, Ricoh has failed to meet its burden to establish that transfer is clearly more convenient."
The Court found it important that Ricoh did not seek transfer to its home district in New Jersey. "Instead, Ricoh seeks transfer to a district, the Northern District of California, farther away from its home district than the Eastern District of Texas. If a party cannot establish the clear convenience of the transferee forum it requests, the Court cannot transfer a case simply because it chooses a district it would prefer to be transferred to. See Wellogix Technology Licensing LLC v. Automatic Data Processing, Inc. et al, 6:11-cv-401 (E.D. Tex. March 19, 2013). (“although litigation is always an inconvenience, the “clearly more convenient” standard does not address a shift in inconvenience”)."
Accordingly, the Court denied Ricoh’s Motion to Transfer.