Lfoundry Rousset SAS et al v. ATMEL Corporation et al
Lfoundry Rousset SAS and Jean Yves Guerrini |
ATMEL Corporation, ATMEL Rousset SAS and Lfoundry GMBH |
1:2014cv01476 |
March 4, 2014 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of U.S. |
Laura Taylor Swain |
Racketeer Influenced and Corrupt Organizations |
28 U.S.C. ยง 1332 |
Plaintiff |
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Filing 113 MEMORANDUM OPINION AND ORDER re: 65 MOTION to Dismiss Plainitiffs' First Amended Complaint. filed by Lfoundry GMBH, 96 MOTION to Strike Portions of the Declaration of Professor Bruno Dondero (Dkt. No. 75). filed by ATMEL Corporation, ATMEL Rousset SAS, 68 MOTION to Dismiss First Amended Complaint. filed by ATMEL Corporation, ATMEL Rousset SAS. Plaintiffs' choice of forum here is entitled to limited deference. There is no public intere st in adjudicating this dispute in New York, and the private interests weigh in favor of adjudicating it in France. Accordingly, the motions to dismiss based on forum non conveniens are granted, without prejudice to litigation of the controversy in F rance, subject to each defendant's filing of an affidavit by August 5, 2015, consenting to jurisdiction in France. Because it is unnecessary for the Court to rely on Plaintiffs' foreign law expert report, Defendants' motion to strike p ortions of the report is denied as moot. This Memorandum Opinion and Order resolves docket entries 65, 68, and 96. An order of dismissal consistent with this decision will be entered upon Defendants' filing of the aforementioned affidavits. SO ORDERED. (As further set forth within this Order.) (Signed by Judge Laura Taylor Swain on 7/21/2015) (ajs) |
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