The McGraw-Hill Companies Inc. et al v. Jones et al
| The McGraw-Hill Companies Inc., Pearson Education, Inc., and Cengage Learning, Inc. |
| Charles A. Jones, CA Jones Management Group, LLC, College Book Rental Company LLC, James W. Byars, SE Book Company, LLC, Excess, LLC, Blackrock Investments, LLC, Mark Peebles, Eduardo Rivadeneyra, Inter-Express Forwarding, Inc., Accu Copy, Tom O'Brien, Does 1-10, SE Campus Books, LLC and Bookoodles, LLC |
| 1:2012cv07085 |
| September 20, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Alison J. Nathan |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
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Filing
160
OPINION AND ORDER re: 145 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue. filed by Levita Corp., 117 MOTION to Dismiss for Lack of Jurisdiction - Notice of Motion to Dismiss Third Amended Complaint or in the Alternative t o Transfer Venue. filed by David Griffin, 121 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or in the Alternative, to Transfer Pursuant to 28 U.S.C. § 1404. filed by Michael Elmudesi. Having considered the relevant factors the Court finds by clear and convincing evidence that this matter should be transferred to the Western District of Kentucky. The connection of this matter to New York is tenuous and the locus of operative facts, a "primary" factor in the analysis, points toward the transfer of this action. Likewise, trial efficiency and the interests of justice strongly counsel in favor of transfer both due to existence of one or more proceedings in Kentucky implicating the facts at issue here and the questionable basis for personal jurisdiction over at least Elmudesi and Letiva. The convenience of the witnesses, an important factor in assessing transfer motions, also suggests that transfer is warranted. The only factor pointing in favor of retaining jurisdiction in this district is that Plaintiffs chose the Southern District of New York as their forum. The Court concludes this is insufficient to warrant maintaining the action here in light of the other factors. Griffin's motio n to transfer is GRANTED. Elmudesi and Letiva's motions to dismiss for lack of personal jurisdiction or improper venue in New York are denied as moot, as is that portion of Griffin's motion raising these arguments. The Court does not reach Elmudesi or Letiva' s motions to dismiss for failure to state a claim. This resolves docket numbers 117, 121, and 145. (Signed by Judge Alison J. Nathan on 3/12/2014) (djc) Modified on 3/13/2014 (djc). (Main Document 160 replaced on 3/13/2014) (djc).
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