Acresv.Cognos Corporation

United States District Court, N.D. CaliforniaJan 7, 2009
Case No. CV08-3926MHP (N.D. Cal. Jan. 7, 2009)

Case No. CV08-3926MHP.

January 7, 2009

Mitchell F. Boomer (State Bar No. 121441), JACKSON LEWIS LLP, San Francisco, California, Attorneys for Defendant, COGNOS CORPORATION.


Complaint Filed: 5/26/08

Case Removed to Federal Court: 8/18/08


[ PROPOSED ] ORDER GRANTING DEFENDANT COGNOS CORPORATION'S MOTION TO TRANSFER VENUE [ 28 U.S.C. § 1404(a)] * AS AMENDED BY COURT


MARILYN PATEL, District Judge

On January 12, 2008 at 2:00 p.m., in Courtroom 15 of the above captioned court, the Honorable Marilyn Hall Patel, Judge of the United States District Court presiding, heard Defendant COGNOS CORPORATION's ("Cognos") Motion to Transfer Venue. Cognos appeared by and through its counsel Mitchell F. Boomer of Jackson Lewis LLP. Plaintiff Randy Acres ("Plaintiff"), appeared by and through his counsel Michael T. Welch, of the Law Offices of Michael T. Welch. The court, having determined that this motion may be decided without the need for oral argument, and this court, After considering the moving and opposing papers, and the arguments of counsel, the Court rules as follows:

IT IS HEREBY ORDERED that, pursuant to 28 U.S.C. § 1404(a), this matter shall be transferred to the United States District Court for the Southern District of New York located in New York, New York. District of Massachushetts, and the Clerk of the Court shall transmit

to the Clerk of the Court of the District of Massachusetts. None of the events, documents, or witnesses are in this District, and the employment agreement as governed by the laws of Massachusetts where defendant has its principal place of business. The claims have no nexus to this District. Finally, contrary to plaintiff's complaint, he is not currently a citizen or resident of California, and at all relevant times has, in fact, been a resident of Thailand.

IT IS FURTHER ORDERED __________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________