Gardner Denver Inc v. Air Pacific Compressors Inc

Case 2:22-cv-07665-GW-MRW Document 120 Filed 10/18/ Page 1 of Page ID #:4074

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF WISCONSIN

GARDNER DENVER, INC.,

Plaintiff,

v. Case No. 20-CV-895

AIR PACIFIC COMPRESSORS, INC.,

Defendant.

ORDER

Defendant Air Pacific Compressors, Inc. has filed a renewed motion for transfer of venue pursuant to 28 U.S.C. § 1404(a). (ECF No. 104.) The motion is fully briefed and ready for resolution. On March 1, 2021, this court denied Air Pacific’s original motion to transfer this action to the Central District of California pursuant to § 1404(a). (ECF No. 32 at 21-25.) Because Air Pacific and Gardner Denver are parties to a contract with a binding forum selection clause specifying that “[a]ny legal action or proceeding arising out of or relating to this Agreement must be brought in the courts of the Eastern District of Wisconsin, sitting in Milwaukee, Wisconsin” (ECF No. 1-1 at 17), the court’s § 1404(a) analysis was Case 2:22-cv-07665-GW-MRW Document 120 Filed 10/18/ Page 2 of Page ID #:4075

guided by the Supreme Court’s decision in Atlantic Marine Construction Co. v. United States District…