Florens Container v. Cho Yang Shipping

ORDER DENYING DEFENDANTS MOTION TO DISMISS AND MOTION TO TRANSFER

INTRODUCTION

Defendant Inchcape Shipping Services, Inc., (Inchcape) moves this Court, pursuant to Federal Rule of Civil Procedure (Rule) 41(b), to dismiss the present action. Alternatively, Inchcape seeks to transfer the current action to the Northern District of Ohio, pursuant to 28 U.S.C. § 1404 (a). Defendant Cho Yang Shipping Co., Ltd., (CYS) (collectively “Defendants”) joins in support of both motions.

Defendants’ Rule 41(b) motion requires the Court to determine whether this action should be involuntarily dismissed because of the existence of a similar action pending in the Northern District of Ohio. Defendants’ alternative motion to transfer venue requires the Court to determine whether the requested venue is one in which the action could have originally been brought. Additionally, this motion requires the Court to exercise its discretion to determine whether a transfer would be more convenient to the parties and witnesses, and further the interests of justice.

FACTUAL BACKGROUND

In June 1997 and January 1998, Florens and CYS entered into two container lease agreements, an “Equipment Agreement” and a…