ProgenaBiome

FACTS AND PROCEDURAL HISTORY

North End Advisory is a Delaware limited liability company with its principal place of business in Georgia. Its members, Sinha and Dave, work remotely in Georgia as independent contractors for various companies, including ProgenaBiome. ProgenaBiome is based in Ventura, California. In 2022, ProgenaBiome entered into an agreement with North End Advisory for consulting services called the Statement of Work for Management Consulting Services (the Agreement). The Agreement was signed by both parties. In a section entitled “Dispute Resolution,” the Agreement provides that “[a]ny mediation or lawsuits will be under the jurisdiction of the state of Delaware.” In 2024, North End Advisory filed a lawsuit against ProgenaBiome in the state of Delaware. ProgenaBiome later filed the California action against North End Advisory in Ventura County Superior Court. Both lawsuits involve the same parties and relate to the Agreement. North End Advisory moved to dismiss or stay the California action for forum non conveniens (§ 418.10). ProgenaBiome opposed the motion, arguing that neither party had presence in Delaware. The trial court stayed the California action. It…