Green Fitness Equip. Co., LLC v. Precor Inc.
United States District Court for the Northern District of California
June 29, 2018, Decided; June 29, 2018, Filed
Case No. 18-cv-00820-JST
ORDER GRANTING MOTION TO TRANSFER
Re: ECF No. 46
Before the Court is a joint motion to transfer or dismiss due to improper venue filed by Defendants Precor Incorporated ("Precor") and 24 Hour Fitness USA, Incorporated ("24 Hour Fitness"). ECF No. 46. For the reasons below, the Court grants the motion and transfers this case to the Western District of Washington.
Green Fitness Equipment Company, LLC ("GFE") filed this action on February 8, 2017 in the Southern District of California. ECF No. 1 ¶ 2. Precor is a Delaware corporation with a principal place of business in Woodinville, Washington. [*2] Id. ¶ 3. 24 Hour Fitness is a California corporation with a principal place of business in San Ramon, California. Id. ¶ 4. GFE brought claims against Defendants for patent infringement; correction of inventorship; false advertising; and related state and common law claims. Id. ¶ 1.
On June 26, 2017, Precor filed a motion for leave to file a motion to dismiss or transfer in light of the Supreme Court's then-recent ruling in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514, 197 L. Ed. 2d 816 (2017). ECF No. 18 at 2. In response, GFE argued that venue was proper because Precor has a regular and established place of business in California, including seven Precor Home Fitness ("PHF") locations. ECF No. 19 at 3. GFE's allegations regarding Precor's activities were not made under penalty of perjury, and were supported only by screen shots from the websites of PHF and the Beverly Hilton Hotel (which uses the Precor name in connection with its fitness facility). ECF No. 19-1. On January 30, 2018, the Southern District granted Precor's motion for leave, and in the same order ruled on the merits of the motion. It accepted GFE's representations regarding Precor's California contacts and transferred the case to this district, in part because some of the PHF stores are [*3] located here. ECF No. 23-1 at 6.
On May 16, 2018, Defendants filed the instant motion to dismiss or transfer to the Western District of Washington pursuant with 28 U.S.C. § 1406(a). ECF No. 46. GFE opposes the motion and in the alternative requests that the Court defer ruling on the motion until GFE is permitted time to conduct venue-related discovery. ECF No. 54 at 17.
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2018 U.S. Dist. LEXIS 109479 *; 2018 WL 3207967
GREEN FITNESS EQUIPMENT COMPANY, LLC, Plaintiff, v. PRECOR INC., et al., Defendants.
Prior History: Green Fitness Equip. Co., LLC v. Precor Inc., 2018 U.S. Dist. LEXIS 102601 (N.D. Cal., June 19, 2018)
venue, regular, established place of business, discovery, employees, place of business, distributor, waived, patent, subsidiary, alleges, argues