`Case 1:17-cv-00585-CFC-SRF Document 165 Filed 06/25/20 Page 1 of 2 PageID #: 5250
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`UNIVERSAL SECURE REGISTRY, )
`LLC,
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`) )
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`) )
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`) Civ. No. 17-585-CFC-SRF
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`)
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`) )
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`)
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`ORDER
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`Plaintiff,
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`v.
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`APPLE INC., VISA INC. and
`VISA USA, INC.,
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`Defendants.
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`At Wilmington this Twenty-fifth day of June in 2020:
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`WHEREAS, Defendants moved to transfer this action to the Northern
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`District of California (D1. 21);
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`WHEREAS, in a Report and Recommendation (D.I. 137) issued
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`pursuant to 28 U.S.C. § 636(b), the Magistrate Judge recommended that the
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`Court deny Defendants’ motion to transfer;
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`WHEREAS, Defendants filed objections to that recommendation (D.I.
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`147);
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`WHEREAS, a motion to transfer is not a dispositive motion for
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`purposes of § 636(b)(1) and is reviewed under the deferential “clearly
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`erroneous or contrary to law” standard set forth in § 63 6(b)(1)(A), Agincourt
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`
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`Case 1:17-cv-00585-CFC-SRF Document 165 Filed 06/25/20 Page 2 of 2 PageID #: 5251
`Case 1:17-cv-OO585-CFC-SRF Document 165 Filed 06/25/20 Page 2 of 2 PagelD #: 5251
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`Gaming LLC v. Zynga Inc, No. CV 11-720-RGA, 2013 WL 3936508, at *2
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`(D. Del. July 29, 2013); and
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`WHEREAS, the Court has reviewed the Report and Recommendation
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`and Defendants’ objections and concurs with the Magistrate Judge’s
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`determination that, considered in their totality, the factors set forth in Jumara
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`v. State Farm, Ins. Co., 55 F.3d 873 (3d Cir. 1995), weigh against transfer;l
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`NOW THEREFORE, IT IS HEREBY ORDERED that:
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`1. The Magistrate Judge’s recommendation that the Court deny the
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`transfer motion is ADOPTED;
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`2. Defendants’ objections to the Magistrate Judge’s recommendation
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`that the Court deny the transfer motion are OVERRULED; and
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`3. Defendants’ motion to transfer (D.I. 21) is DENIED.
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`United States Districtgge
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`1 The Court notes that Plaintiff’s forum choice should have been given
`“paramount consideration” and, therefore, that its choice of venue weighed
`strongly, as opposed to slightly, against transfer. See Realtime Data LLC v.
`Egnyte, Inc., 2018 WL 5724040 (D. Del. Nov. 1, 2018); VLSI Tech LLC v. Intel
`Corp., 2018 WL 5342650 (D. Del. Oct 29, 2018).
`
`
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