Lapeyre

MEMORANDUM **

In this diversity action, appellant Triflo Medical, Inc. (“Triflo”) is a Delaware corporation with its principal place of business in Irvine, California. Appellee Didier Lapeyre (“Lapeyre”) is a resident of France. Triflo is engaged in the design and manufacture of medical devices, including a mechanical heart valve. La-peyre is the former president and director of medical affairs. Triflo appeals the district court’s dismissal of its action against Lapeyre on forum non conveniens grounds. We reverse.

Triflo terminated Lapeyre’s employment on November 14, 2000. Triflo filed an amended complaint in the United States District Court for the Central District of California alleging breach of fiduciary duty, interference with contract and advantageous relationships and misappropriation of trade secrets, and sought injunc-tive and declaratory relief and damages. Lapeyre answered the amended compliant and filed counterclaims against Triflo alleging rescission and breach of contract. Lapeyre also filed an action in France asserting claims against Triflo involving a joint ownership agreement. Thereafter, Lapeyre filed a motion to dismiss or stay the U.S. action on the basis…