SkyRiver Technology Solutions, LLC et al v. OCLC Online Computer Library Center, Inc.

Filing 16

MOTION to Transfer Case Defendant's Notice of Motion and Motion; Memorandum of Points and Authoriies in Support of Motion to Transfer Venue, MOTION to Change Venue filed by OCLC Online Computer Library Center, Inc.. Motion Hearing set for 10/29/2010 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Wisoff, Carl) (Filed on 9/9/2010) [Transferred from California Northern on 11/12/2010.]

SkyRiver Technology Solutions, LLC et al v. OCLC Online Computer Library Center, Inc.

Doc. 16 Att. 1

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Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Douglas R. Young (Bar No. 073248) [e-mail] C. Brandon Wisoff (Bar No. 121930) [e-mail] Farella Braun + Martel LLP 235 Montgomery St., 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] James A. Wilson (Pro hac vice) [e-mail] Vorys, Sater, Seymour & Pease LLP 52 E. Gay St. Columbus, OH 43215 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant OCLC ONLINE COMPUTER LIBRARY CENTER, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

SKYRIVER TECHNOLOGY SOLUTIONS, LLC, a California limited liability company, and INNOVATIVE INTERFACES, INC, a California corporation, , Plaintiffs, vs. OCLC ONLINE COMPUTER LIBRARY CENTER, Inc., an Ohio non-profit corporation,, Defendant.

Case No. 3:10-cv-03305-JSW [PROPOSED] ORDER TRANSFERRING CASE TO THE SOUTHERN DISTRICT OF OHIO Date: October 29, 2010 Time: 9:00 a.m. Judge: Judge: Jeffrey S. White Courtroom: 11, l9th Floor [28 U.S.C. Section 1404(a)]

[PROPOSED] ORDER TRANSFERRING CASE TO SOUTHERN DISTRICT OF OHIO Case No. 10-cv-03305-JSW

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Dockets.Justia.com

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Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

The Court, having considered the motion of Defendant OCLC Online Computer Library Center, Inc. (hereafter "Defendant" or "OCLC") requesting transfer of this case to the Southern District of Ohio under 28 U.S.C. Section 1404(a) finds that: 1. This case could have brought in the Southern District of Ohio as that court

possesses proper subject matter jurisdiction over this action, personal jurisdiction over OCLC, and the events giving rise to the claim occurred in that forum; 2. The convenience of the parties and witnesses and access to relevant evidence is

served by a transfer to the Southern District of Ohio, which is the location of the principal places of business of OCLC and the principal location of the marketing, development, and sale of the accused services; 3. A California court has little interest in this controversy, whereas an Ohio court has

a demonstrable interest in the controversy; and 4. Plaintiff does not have a strong interest in maintaining this suit in the Northern

District of California.

IT IS HEREBY ORDERED THAT This case is transferred to the Eastern Division of the Southern District of Ohio located in Columbus, Ohio. Dated: ________________, 2010

Hon. Jeffrey S. White United States District Court

[PROPOSED] ORDER TRANSFERRING CASE TO SOUTHERN DISTRICT OF OHIO Case No. 10-cv-03305-JSW

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