Gary, the judge didn't deny the motion to move to California:
page 84 Case No. CV-S-98-1247-LDG(RLH)
24 And what about you, Mr. Judd? Are you satisfied with what
25 you've given me as far as the -- I'm not inclined to either
end page 84 Case No. CV-S-98-1247-LDG(RLH)
page 85 Case No. CV-S-98-1247-LDG(RLH)
1 send this to California or nor am I inclined, and you may want
2 to argue those questions, to even defer to the California
3 court. I don't think anything's been done in that California
4 court.
5 MR. JUDD: Well, the only reason California was chosen
6 was because the action was brought there and because
7 J.B. Oxford is there. We do have a party before the Court
8 whose witnesses are there.
9 THE COURT: What is it?
10 MR. JUDD: J.B. Oxford is in California in the central
11 district. If they remain a defendant in this case, that is as
12 convenient a location as anywhere else. And we have in
13 addition --
14 THE COURT: Well, why should I transfer it if they're
15 just as convenient as -- what's wrong with pursuing that here?
16 MR. JUDD: Well, as between -- for us, we have to go
17 someplace. We have to travel someplace.
18 THE COURT: Yes.
19 MR. JUDD: But for other parties, it's not. And it
20 seems to me that there is maybe one person in Nevada. That's
21 the witness. And there are a number of witnesses, I imagine,
22 at J.B. Oxford in California. There are people in New York.
23 There are people in Canada.
24 Assuming all these folks are going to remain defendants, I
25 don't know if they're going to allege some kind of motion to
end page 85 Case No. CV-S-98-1247-LDG(RLH)
page 86 Case No. CV-S-98-1247-LDG(RLH)
1 dismiss for lack of personal jurisdiction.
2 THE COURT: Well, what you're talking now is a venue
3 question.
4 MR. JUDD: Correct.
5 THE COURT: And from what I read, it seems to me that
6 it's as convenient one place or the other, and so I'm not
7 inclined to make a venue ruling.
Seems as if he wasn't in favor of it at first, but now he's postponing the decision for later consideration. Does anybody else interpret the last line differently? I'll concede the point given a rational explanation. |
