Motion To Transfer Fails In View Of A Waco-Based Plaintiff

In its opposed motion, Defendant Juniper Networks, Inc. (Juniper) submitted that the Northern District of California was a proper and more convenient venue for the action brought in Waco by WSOU Investments, LLC. The Court analyzed the four private and public factors laid out by the Fifth Circuit to determine whether transfer was appropriate and denied transfer.

Private Interest Factors. First, the Court found that the first factor, relative ease of access to sources of proof, was neutral. Specifically, the Court found that although Juniper may have documents located at its headquarters in California, the plaintiff claimed its documents and sources of proof are located in Waco at its office. Second, as to the availability of compulsory process to secure the attendance of witnesses, the factor weighed slightly against transfer, as Juniper did not show that there were any unwilling third-party witnesses that would be required to testify at trial. Juniper had