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LITIGATION SUPPORT TIP OF THE NIGHT

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For Motions to Transfer in the Age of ESI, Ease of Access is Moot

Nov 15, 2020

Yesterday, Judge Yvonne Gonzalez Rogers issued a decision, Williams v. Condensed Curriculum Int'l, No. 4:20-cv-05292-YGR, 2020 U.S. Dist. LEXIS 212886 (N.D. Cal. Nov. 13, 2020), denying the Defendant's motion to transfer venue.

In deciding such a motion, one of the factors to consider is the ease of access to evidence in the target forum. The Court's decision indicates that since most evidence these days is electronically stored information, this factor is moot. "Given that the records could easily be compiled electronically, if not already available in this format, this factor is neutral." Id. at *16.

The other factors to consider in ruling on a motion to transfer are:

1. The Plaintiff's choice of forum.

2. The convenience of the parties.

3. Convenience of the witnesses.

4. Familiarity of each forum with the relevant law.

5. Possibility of consolidating multiple cases.

6. Local interest in the matter.

7. The case load in each forum.

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