Sergey Firsov v. Austrian Airlines AG

• Court: District Court, N.D. California
• Decided: May 22, 2026
• Docket: 5:25-cv-03504
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SERGEY FIRSOV, Case No. 5:25-cv-03504-PCP

8 Plaintiff, ORDER DENYING MOTION TO 9 v. TRANSFER VENUE

10 AUSTRIAN AIRLINES AG, Re: Dkt. No. 57 Defendant. 11

12 13 Plaintiff Sergey Firsov sought reimbursement for the cost of tickets for himself and his 14 dogs, as well as other damages, in connection with a multi-leg international flight he took in 15 March 2023 in part with defendant Austrian Airlines. Austrian Airlines moved to dismiss his 16 complaint for failure to state a claim upon which relief can be granted, Fed. R. Civ. P. 12(b)(6), 17 and for failure to comply with a court order, Fed. R. Civ. P. 41(b). The Court granted the motion. 18 Dkt. 53. Firsov now moves to transfer venue to the District of Columbia. 19 A court may transfer an action to another district for the convenience of the parties and 20 witnesses, or in the interest of justice. 28 U.S.C. § 1404(a). If a court chooses to exercise its 21 discretion to consider a motion to transfer, it must weigh a variety of factors. Jones v. GNC 22 Franchising, Inc., 211 F.3d 495, 498 (9th Cir. 2000); Barnes & Noble, Inc. v. LSI Corp., 823 F. 23 Supp. 2d 980, 993 (N.D. Cal. 2011). The party seeking the transfer bears the burden of showing 24 that when these factors apply, a transfer is clearly favored. Lax v. Toyota Motor Corp., 65 F. Supp. 25 3d 772, 776 (N.D. Cal. 2014) (citing Commodity Futures Trading Comm’n v. Savage, 611 F.2d 26 270, 279 (9th Cir. 1979)). Because Firsov fails to address any of the factors governing whether the 27 case should be transferred, he has not met his required burden. Therefore, the Court DENIES the 1 IT IS SO ORDERED. 2 || Dated: May 22, 2026 3

P. Casey Pitts 5 United States District Judge 6 7 8 9 10 11 12

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