Free Motion for Change Venue - District Court of California - California

Case 3:08-cv-00385-DMS-NLS

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Filed 05/01/2008

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John L. Haller, California Bar No. 61392 Susan . Meyer, California Bar Number 204931 GORDON & REES LLP 101 West Broadway, Suite 1600 San Diego, CA 92101 619-696-6700 619-696-7124 FAX [email protected] [email protected] [email protected]

Attorneys for Defendant, CAS ENTERPRISES, INC. D/B/A KREG TOOL COMPANY UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

JOON PARK, an individual, Plaintiff, VS. 10 CAS ENTERPRISES, INC., an Iowa corporation; d/b/a KREG TOOL COMPANY Defendant.

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CIVIL NO. 08-CV-0385 DMS NLS

DEFENDANT'S NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE

DATE: MAY 30, 2008 TIME: 1:30 P,M,

PLACE: COURTROOM 10

JUDGE: HON. DANA M. SABRAW MAGISTRATE JUDGE: HON. NITA L. STORMES

NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE CASE NO. 08-CV-03285 DMS (NLS)

Case 3:08-cv-00385-DMS-NLS

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PLEASE TAKE NOTICE that on May 30, 2008, at 1:30 p.m. or as soon thereafter as Defendant's Motion for Change of Venue may be heard, Defendants Motion for Changer of Venue will be heard before the Hon. Dana M. Sabraw, Judge of the United States District Court, Courtroom 10, located at 940 Front Street, San Diego, California. Defendant's Motion for Change of Venue is based on the following facts and law: This case alleging patent infringement was brought by Joon Park, an individual ("Park"). Park alleges that Kreg Tool's Model K3 pocket hole jig, infringes Park's U.S. Patent No. 6,637,988 ("the `988 patent") and U.S. Patent No. 7,134,814 ("the `814 patent") None of the parties to this lawsuit has any significant contacts with the Southern District of California. Park by his own admission resides in the Central District of California [Complaint ¶ 1]. Park has never made or sold any type of pocket hole jig, much less a jig that practices any claim of either the `988 patent or the `814 patent [Sommerfeld Decl., ¶ 22]. Kreg Tool is an Iowa corporation based in Huxley, Iowa [Sommerfeld Decl., ¶ 9]. The K3 is designed and manufactured in Iowa [Sommerfeld Decl., ¶¶ 10 and 11]. All of Kreg Tool's witnesses are in Iowa [Sommerfeld Decl., ¶ 14]. After commencement of this case Park brought two additional patent cases Park v. CMT Case No. 08-cv-0668, and Park v. Penn State Industries Case No. 08-cv-0667. There is no relationship or association between Kreg Tool's allegedly infringing K3 product, and the alleged infringing products of Penn State or CMT [Sommerfeld Decl., ¶ 15]. The parties are not related, Kreg Tool is an Iowa corporation with its place of business located in Huxley, Iowa, Penn State is a Pennsylvania corporation with its place of business located in Philadelphia, Pennsylvania and CMT is North Carolina corporation with its place of business located in Greensboro, North Carolina. Since there is no relationship or association between the Kreg Tool product and the Penn State and CMT products at issue in the allegedly related cases, the defense witnesses and other evidence will not be the same. Finally, in the allegedly related cases, as in this case, none of the parties, including the Plaintiff, Joon Park, reside in or have any significant contacts with the Southern District of California. The presence of these allegedly related cases should have no bearing on the Court's decision on Kreg Tool's venue
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Case 3:08-cv-00385-DMS-NLS

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motion. Conducting this case in the Southern District of Iowa would promote the goals of making the case easy, expeditious, and inexpensive. Because this case involves claims of patent infringement the vast majority of witnesses, documents, and other evidence reside in the Southern District of Iowa at the location of the alleged infringer. This point is further bolstered by the fact the Plaintiff is not making or selling a product which practices the claims of the patents at issue. Furthermore it seems clear that the parties will receive an earlier trial date in the Southern District of Iowa. For the convenience of the parties and witnesses, and in the interests of justice, this case should be transferred to the Southern District of Iowa. Respectfully submitted, GORDON & REES LLP

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EMP/6001827/5639817v.1

/s/ John L. Haller L. Haller John L. Haller Counsel for Defendant CAS ENTERPRISES, INC. D/B/A KREG TOOL COMPANY

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