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City of Warren Police and Fire Retirement System v. Zebra Technologies Corporation

MEMORANDUM & ORDER granting DE 40 Motion to Change Venue. As set forth in the attached Memorandum & Order, Defendants' motion to change venue is granted. The Clerk of the Court is directed to transfer the case to the Northern District of Illinois. Ordered

22 Cited authorities

  1. New York v. Lafarge N. Am.

    599 F.3d 102 (2d Cir. 2010)   Cited 979 times
    Holding that the first-filed rule applies to cases in different jurisdictions and "states that, in determining the proper venue, where there are two competing lawsuits, the first suit should have priority"

  2. In re Cuyahoga Equip. Corp.

    980 F.2d 110 (2d Cir. 1992)   Cited 684 times
    Holding that § 1334(b) jurisdiction is satisfied by either the "conceivable effect" test of Pacor or the "significant connection" test of In re Turner, 724 F.2d 338, 340-41 (2d Cir. 1983)

  3. Dirienzo v. Philip Servs. Corp.

    294 F.3d 21 (2d Cir. 2002)   Cited 184 times
    Holding that "related litigation" involving a different class of plaintiffs was due "little weight" in applying the Gilbert convenience factors

  4. In re Warrick

    70 F.3d 736 (2d Cir. 1995)   Cited 219 times
    Finding abuse of discretion in mandamus action when district court transferred a case solely in the interests of judicial efficiency, after determining that the transferee forum had previously addressed the same complex facts in a prior, related action, but where said prior action was no longer pending

  5. Berman v. Informix Corp.

    30 F. Supp. 2d 653 (S.D.N.Y. 1998)   Cited 158 times
    Finding that sale and purchase of stock in New York did not pull locus away from district from which financial statements emanated and in which due diligence and independent audits occurred

  6. Orb Factory, Ltd. v. Design Sci. Toys, Ltd.

    6 F. Supp. 2d 203 (S.D.N.Y. 1998)   Cited 122 times
    Holding that transfer is unwarranted where deposition testimony is an available alternative to live testimony

  7. EasyWeb Innovations, LLC v. Facebook, Inc.

    888 F. Supp. 2d 342 (E.D.N.Y. 2012)   Cited 73 times
    Holding that the plaintiff's choice of forum was "entitled to great deference" where the patent-in-suit's development there rendered the forum a locus of operative facts

  8. In re Nematron Corp. Securities Litigation

    30 F. Supp. 2d 397 (S.D.N.Y. 1998)   Cited 108 times
    Finding that the location of documents in Michigan favored transfer since extra costs would be incurred to copy and ship the documents to New York

  9. In re Hanger Orthopedic Group, Inc. Sec. Lit.

    418 F. Supp. 2d 164 (E.D.N.Y. 2006)   Cited 86 times
    Holding that only "minimal weight" should be afforded to this factor given a difference in median disposition time of 2.7 months

  10. Mazuma Holding Corp. v. Bethke

    1 F. Supp. 3d 6 (E.D.N.Y. 2014)   Cited 62 times
    Finding this factor to be neutral absent any evidence of the parties' finances

  11. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,354 times   184 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  12. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,789 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  13. Section 78aa - Jurisdiction of offenses and suits

    15 U.S.C. § 78aa   Cited 2,324 times   19 Legal Analyses
    Granting "[t]he district courts of the United States . . . exclusive jurisdiction [over] violations of [the Exchange Act of 1934] or the rules and regulations thereunder, and of all suits in equity and actions at law brought to enforce any liability or duty created by [the Exchange Act of 1934] or the rules and regulations thereunder."