Free Order on Motion to Transfer Case - District Court of Delaware - Delaware

Case 1:07-cv-00119-GMS

Document 45

Filed 04/25/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) Plaintiffs, ) ) v. ) ) FIBER RESOURCES INTERNATIONAL, ) INC., ) ) Defendant. ) INVISTA S.a.r.l. and INVISTA (Canada) Company,

C.A. No. 07-119 GMS

ORDER

WHEREAS, on February 26, 2007, the plaintiffs INVISTA S.a.r.l. and INVISTA (Canada) Company (collectively, "INVISTA") filed the Complaint (D.I. 1) in the instant action; WHEREAS, on January 14, 2008, nearly one year later, the defendant Fiber Resources International, Inc., ("Fiber Resources") filed a Motion to Transfer Venue (D.I. 28) and a Memorandum in Support thereof (D.I. 29); WHEREAS, the contracts at issue in this case include a forum selection clause designating Wilmington, Delaware, as the sole forum for disputes arising from the contracts; WHEREAS, discovery is substantially complete; WHEREAS, the Pretrial Conference will be held telephonically; WHEREAS, the court has scheduled a two-day bench trial in this case, based upon the issues and the number of witnesses expected at trial; WHEREAS, the court has considered the parties' submissions (D.I. 29, 38);

Case 1:07-cv-00119-GMS

Document 45

Filed 04/25/2008

Page 2 of 2

WHEREAS, the court finds that transfer is not required under 28 U.S.C. § 1406 because venue is proper based on the forum selection clause; WHEREAS, the court has considered the convenience of the parties and the limited number of witnesses, the substantial completion of discovery, and the practicalities and administrative difficulty of further proceedings,1 and finds that transfer is not warranted under 28 U.S.C. § 1404(a);

IT IS HEREBY ORDERED THAT: The Motion to Transfer Venue (D.I. 28) brought by Fiber Resources is DENIED.

Dated: April 25, 2008

/s/ Gregory M. Sleet . CHIEF, UNITED STATES DISTRICT JUDGE


1

See Jumara v. State Farm Ins. Co., 55 F.3d 873, 879 (3d Cir. 1995).