Daka Research Inc. v. Shenzhen Bali Electronic Technology Co., Ltd. Storefront

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK USDC SDNY DOCUMENT -------------------------------------------------------------- X ELECTRONICALLY FILED DAKA RESEARCH INC , : DOC #: : DATE FILED: 8/24/ 22 Plaintiff, : -against- : : 22-CV-3150 (VEC) SHENZHEN BALI ELECTRONIC : TECHNOLOGY CO., LTD. STOREFRONT, : ORDER AND bad87hs STOREFRONT, : : Defendants. : -------------------------------------------------------------- X VALERIE CAPRONI, United States District Judge: WHEREAS on June 15, 2022, Defendants moved to transfer this action to the Southern District of Florida pursuant to 28 U.S.C. § 1404(a), see Not. of Mot., Dkt. 23; WHEREAS Defendants seek the transfer in part to “improve the convenience to the parties and witnesses[,]” Defs. Mem., Dkt 24 at 3; WHEREAS a motion to transfer an action for the convenience of parties and witnesses must be supported by “an affidavit containing detailed factual statements relevant to why the transferee forum is more convenient,” Mod. Computer Corp. v. Ma, 862 F. Supp. 938, 948 (E.D.N.Y. 1994) (citations omitted); and WHEREAS Defendants did not submit an affidavit in support of their motion; IT IS HEREBY ORDERED that Defendants’ motion to dismiss and transfer this action is DENIED without prejudice. The Clerk of Court is respectfully directed to close the open motion at Docket 23. IT IS FURTHER ORDERED that Defendants must re-file their motion with an appropriate affidavit not later than September 6, 2022. Plaintiff’s response in opposition is due not later than September 20, 2022. Defendants’ reply is due not later than September 27, 2022. SO ORDERED. .

Date: August 24, 2022 VALERIE CAPBRONI New York, New York United States District Judge