Celgard, LLC v. Shenzhen Senior Technology Material Co. Ltd. et al

Filing 75

ORDER denying as moot 72 Motion to Dismiss. The Clerk is directed to TRANSFER the case to the Northern District of California. Signed by Senior Judge Graham Mullen on 1/11/2022. (ef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:20-CV-00130-GCM
CELGARD, LLC,
Plaintiff,
v.

ORDER

SHENZHEN SENIOR
TECHNOLOGY MATERIAL CO.
LTD.,
SHENZHEN SENIOR
TECHNOLOGY MATERIAL CO.
LTD. (US) RESEARCH INSTITUTE,
GLOBAL VENTURE
DEVELOPMENT, INC.,
SUN TOWN TECHNOLOGY, INC.,
XIAOMIN ZHANG,
GLOBAL VENTURE
DEVELOPMENT, LLC,
Defendants.

THIS MATTER comes before the Court on Defendants’ renewed Motion to Dismiss
(ECF No. 72). The Honorable Judge Tigar of the Northern District of California entered an order
on December 13, 2021, enjoining Plaintiff Celgard, LLC from pursuing its later-filed litigation in
this Court. Defendants seek dismissal, arguing that Celgard may only litigate its claims in the
Northern District of California. Plaintiff urges the Court to stay the case instead of dismissing it.
This the Court will not do. The appropriate action is to transfer the case to the Northern District of
California, which is now the sole forum for the parties to litigate their claims.
IT IS THEREFORE ORDERED that:
1. The Clerk is directed to TRANSFER the case to the Northern District of California.
2. The Motion to Dismiss (ECF No. 72) is DENIED AS MOOT.

Case 3:20-cv-00130-GCM Document 75 Filed 01/11/22 Page 1 of 2

SO ORDERED.
Signed: January 11, 2022

Case 3:20-cv-00130-GCM Document 75 Filed 01/11/22 Page 2 of 2