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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
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`FINTIV, INC.,
` Plaintiff
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`-vs-
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`APPLE INC.,
` Defendant
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`1:19-CV-01238-ADA
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`ORDER
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`Plaintiff Fintiv, Inc. (“Fintiv”) initiated this action on December 21, 2018 in the Waco
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`Division of this District. Dkt. 1. Defendant Apple Inc. (“Apple”) moved to transfer this action
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`under 28 U.S.C. § 1404(a) to the Northern District of California (“NDCA”) or alternatively to
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`the Austin Division of this District. Dkt. 40. After considering the parties’ briefing and oral
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`arguments, the Court denied Apple’s motion to transfer venue to the NDCA, but granted its
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`alternative motion to transfer to the Austin Division of this District. Dkt. 73. On December 20,
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`2019, the Federal Circuit denied Apple’s petition for a writ of mandamus and upheld this Court
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`ruling to transfer this action to the Austin Division. Dkt. 89. Three days later, this action was
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`officially transferred to the Austin Division and was subsequently set for jury trial in the Austin
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`courthouse starting on October 4, 2021.
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`After this action was transferred to the Austin Division in December 2019, the COVID-
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`19 pandemic began in the United Stated in March 2020. Jury trials in the Austin courthouse has
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`largely been suspended ever since. Until this date, it remains uncertain whether the Austin
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`courthouse will be open for jury trial in the foreseeable future. Therefore, the Court finds that the
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`intervening COVID-19 pandemic has frustrated the original purpose of transferring this action to
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`1
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`Case 1:19-cv-01238-ADA Document 386 Filed 09/08/21 Page 2 of 2
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`the Austin Division. If this case remains in the Austin Division, the jury trial will remain in
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`limbo for an indefinite period of time. As such, the Court ORDERS that this case be
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`TRANSFERRED back to the Waco Division.
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`SIGNED this 8th day of September, 2021.
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`ALAN D ALBRIGHT
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`2
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