By Memorandum Order entered by The Honorable Gregory M. Sleet in Blackbird Tech LLC d/b/a Blackbird Technologies v. TuffStuff Fitness et al., Civil Action No. 16-733-GMS (D.Del. April 27, 2017), the Court granted the motion to transfer venue to the United States District Court for the Central District of California of defendant TuffStuff Fitness International Inc. After analyzing the Jumara factors, the Court found that TuffStuff met its burden of demonstrating that the interests of justice and convenience strongly favor transfer. Id. at *3-12. Although plaintiff’s forum preference weighed against transfer, the Court explained that plaintiff’s preference did not warrant maximum deference in this case, particularly because Delaware is not its “home turf” or principal place of business. Id. On the other hand, several factors weighed in favor of transfer: defendant’s choice of forum, convenience of the parties, location where the claim arose, the location of relevant books and records, and difference in court congestion. Id.
A copy of the Court’s Memorandum Order is attached.
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