Chubb Insurance Australia Limited v. Accellion, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CHUBB INSURANCE AUSTRALIA Case No. 22-cv-09078-JST
LIMITED,
8 Plaintiff, ORDER CONVERTING DEFENDANT’S MOTION TO DISMISS v. PURSUANT TO RULE 12(B)(3) TO A MOTION TO DISMISS PURSUANT TO
ACCELLION, INC., FORUM NON CONVENIENS AND
REQUESTING SUPPLEMENTAL Defendant. BRIEFING 12 Re: ECF No. 15 13 Before the Court is Defendant Accellion, Inc.’s (“Accellion”) motion to dismiss pursuant 14 to Rule 12(b)(3) of the Federal Rules of Civil Procedure. ECF No. 15. 15 Chubb Insurance Australia Limited (“Chubb”) brings claims, as subrogee of insured 16 Australian law firm (the “Insured”), against Accellion, for (1) breach of contract; (2) declaratory 17 judgment for contractual indemnification; and (3) negligence. ECF No. 1. Chubb’s claims are 18 based on two agreements between the Insured and Accellion: a file transfer agreement and a letter 19 agreement. ECF No. 1 ¶¶ 6–46. 20 Accellion…