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Dali Wireless, Inc. v. Corning Optical Communications LLC

Docket 3:19-cv-00714, North Carolina Western District Court (Dec. 30, 2019)
Chief Judge Frank D. Whitney, presiding, Magistrate Judge David S. Cayer
Patent
DivisionCharlotte
FlagsCLOSED, IAC
Cause28:1338 Patent Infringement
Case Type830 Patent
Tags830 Patent, 830 Patent
Plaintiff Dali Wireless, Inc.
Defendant Corning Optical Communications LLC
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No. 26 MEMORANDUM AND ORDER granting 23 MOTION to Change Venue to the Northern District of California

Document Dali Wireless, Inc. v. Corning Optical Communications LLC, 3:19-cv-00714, No. 26 (W.D.N.C. Jul. 22, 2020)
Defendant states that its California offices are “where the vast majority of employees related to the SpiderCloud products continue to work and relevant documents are maintained.” Id. at 3.
If venue in the transferee district is proper, as it is here, the Court must then consider the following factors in deciding whether the matter should be transferred: (1) the plaintiff's initial choice of forum; (2) the residence of the parties; (3) the relative ease of access of proof; (4) the availability of compulsory process for attendance of witnesses and the costs of obtaining attendance of willing witnesses; (5) the possibility of a view; (6) the enforceability of a judgment, if obtained; (7) the relative advantages and obstacles to a fair trial; (8) other practical problems that make a trial easy, expeditious, and inexpensive; (9) the administrative difficulties of court congestion; (10) the interest in having localized controversies settled at home and the appropriateness in having the trial of a diversity case in a forum that is at home with the state law that must govern the action; and (11) the avoidance of unnecessary problems with conflict of laws.
The Residence of the Parties Despite Plaintiff’s attempts to dismiss its connections with the Northern District of California, Dali specifically alleges that it has “its principal place of business in Menlo Park, California.” Doc. 7 at ¶ 3.
Importantly, Plaintiff makes no argument that the Western District of North Carolina is a more convenient forum for accessing its own proof or obtaining its own witnesses.
The Clerk is directed to hold the file in this case until fourteen days after service of this Memorandum and Order when the parties’ right of appeal to the Honorable Frank D. Whitney expires.
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No. 21 ORDER granting 18 Motion for Leave to Appear Pro Hac Vice added Michael J. Newton for Corning ...

Document Dali Wireless, Inc. v. Corning Optical Communications LLC, 3:19-cv-00714, No. 21 (W.D.N.C. May. 27, 2020)
Motion to Appear Pro Hac ViceGranted
THIS MATTER is before the Court on the “Motion[s] for Admission Pro Hac Vice and Affidavit[s] [for Michael J. Newton, Sang Lee and Katherine G. Rubschlager]” (documents ##18- 20) filed May 26, 2020.
For the reasons set forth therein, the Motions will be granted
All counsel are advised that local counsel must sign all documents submitted to the Court and as such are accountable for the substance of such submissions under Rule 11 of the Federal Rules of Civil Procedure.
The Clerk is directed to send copies of this Order to counsel for the parties and to the Honorable Frank D. Whitney.
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No. 12 ORDER granting 10 Motion for Leave to Appear Pro Hac Vice added David Schumann for Dali Wireless, ...

Document Dali Wireless, Inc. v. Corning Optical Communications LLC, 3:19-cv-00714, No. 12 (W.D.N.C. May. 1, 2020)
Motion to Appear Pro Hac ViceGranted
THIS MATTER is before the Court on the “Motion[s] for Admission Pro Hac Vice and Affidavit[s] [for David Schumann and Michael C. Saunders]” (documents ##10-11) filed May 1, 2020.
For the reasons set forth therein, the Motions will be granted.
All counsel are advised that local counsel must sign all documents submitted to the Court and as such are accountable for the substance of such submissions under Rule 11 of the Federal Rules of Civil Procedure.
The Clerk is directed to send copies of this Order to counsel for the parties and to the Honorable Frank D. Whitney.
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No. 6 ORDER granting 5 Motion for Leave to Appear Pro Hac Vice added Cristofer Leffler for Dali Wireless, ...

Document DALI WIRELESS, INC. v. Corning Optical Communications LLC, 3:19-cv-00714, No. 6 (W.D.N.C. Jan. 8, 2020)
Motion to Appear Pro Hac ViceGranted
THIS MATTER is before the Court on the “Motion for Admission Pro Hac Vice and Affidavit [for Cristofer Leffler]” (document #5) filed January 8, 2020.
For the reasons set forth therein, the Motion will be granted
All counsel are advised that local counsel must sign all documents submitted to the Court and as such are accountable for the substance of such submissions under Rule 11 of the Federal Rules of Civil Procedure.
The Clerk is directed to send copies of this Order to counsel for the parties, including but not limited to moving counsel, and to the Honorable Frank D. Whitney.
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