Delaware corp.'s plea to transfer to forum of second-filed DJ action succeeds
Synthes USA, LLC, et al. v. Spinal Kinetics, Inc., Civ. No. 08-838-SLR, February 24, 2009.
Robinson, J. Defendant’s motion to transfer venue of this matter to the Northern District of California is granted.
Defendant requests to transfer venue to the Northern District of California, where it has filed a declaratory judgment action which is a mirror image of the case at bar. The California action is not first-filed. However, even though defendant is incorporated in Delaware, it is more akin to a regional enterprise than it is a national player. Therefore, defendant’s motion is granted.
