Moog Inc. v. Skyryse, Inc.

I. FACTUAL BACKGROUND

A. Moog Moog is an “aerospace and defense company” with “a world-wide workforce of over 13,000” that is headquartered in East Aurora, New York. Docket Item 1 at ¶ 10.

2 The parties dispute whether this Court should review Judge McCarthy’s RR&O de novo or for clear error. Compare, e.g., Docket Item 270 at 18-20 (Moog arguing for clear error review), with Docket Items 274 and 275 (the defendants arguing for de novo review). Judge McCarthy recommended denying the motions to dismiss in part, see Docket Item 253 at 1-4, and this Court agrees with Judge McCarthy that his ruling on those motions is a recommendation subject to de novo review. And while a motion to transfer venue is non-dispositive, see id. at 4 n.2, this Court finds that, after reviewing the “entire evidence,” it “is left with the definite and firm conviction” that the defendants did not agree that this case had to remain in this Court until Moog’s motion for a preliminary injunction was resolved. See Anderson v. Bessemer City, 470 U.S. 564, 573 (1985) (quoting United States v. U.S. Gypsum Co., 333 U.S. 364, 395 (1948)). So this Court reaches the conclusions below under either standard of…