Sorenson

Sorenson v. Big Lots Stores, Inc.

Good Law
638 F. Supp. 2d 1219·2009 WL 2330529·2009 U.S. Dist. LEXIS 102247
United States District Court, Southern District of CaliforniaJuly 29, 2009Case 09cv57 BTM (CAB)California1,040 words

Opinion

Opinion

Moskowitz, J.

ORDER DENYING MOTION TO TRANSFER VENUE

Defendant Big Lots Stores, Inc. (“Big Lots”) moves the Court to transfer venue to the Southern District of Ohio. For the reasons explained below, Defendant’s Motion to Transfer Venue is DENIED.

I. BACKGROUND

On May 23, 2008, Big Lots filed a complaint for declaratory judgment against the Sorenson Research and Development Trust (the “Sorenson Trust”) in the Southern District of Ohio (the “Ohio action”). However, Big Lots failed to serve the complaint on the Sorenson Trust as required by Federal Rule of Civil Procedure 4(m).

On January 14, 2009, Plaintiff Jens Erik Sorenson (“Sorenson”), who serves as Trustee for the Sorenson Trust, filed a complaint against Big Lots here, in the Southern District of California, alleging patent infringement (the “California action”). Big Lots answered on February 19, 2009.

On March 11, 2009, Judge Frost in the Southern District of Ohio directed Big Lots to show cause why the Ohio action should not be dismissed for failure to serve the complaint on the Sorenson Trust. On March 27, 2009, Judge Frost gave Big Lots ten days to serve the Sorenson Trust. Service was finally effected on April 1, 2009.

On April…

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