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Plaintiff is not a mere forum shopper.

Plaintiff is a North Carolina corporation, with its principal place of business in this District, and, thus, this District has a Datasouth Performax strong interest in the issues at stake in the present case. The Contract provides that Massachusetts law will govern its terms.

Obviously, a federal district court judge sitting in Massachusetts will have a greater familiarity with Massachusetts general contract law and with the Massachusetts version of the Uniform Commercial Code "U. Thus, this Datasouth Performax weighs in favor of transferring the present case to the District of Massachusetts.

AMT Datasouth Performax User Manual

Since the Contract has a choice of law provision, there will be no need for any court to decide which state's law should govern. Therefore, there is no choice of law problem in this case. Datasouth Performax


Weighing all of these factors together, this Court is of the opinion that this case should be transferred to the District of Massachusetts. Such a result appears, under all the Datasouth Performax, to be fair and reasonable. Transfer will allow 3D an apparently financially troubled corporation to defend vigorously against Datasouth's claims. Datasouth, which is much stronger financially, Datasouth Performax only be marginally inconvenienced by the transfer. This Court has now acted on 3D's Motion to Transfer and is of the opinion that this discovery matter should be taken up with the district court in Massachusetts. Defendant is seeking an order from this Court permitting it to defer filing a responsive pleading to Plaintiff's Complaint and to defer production of any documents which may be responsive to Plaintiff's First Request for Production of Documents until thirty 30 days after this Court rules on Defendant's Motion to Dismiss or Motion to Transfer.

Plaintiff opposes the motion. This Court has carefully considered Defendant's Motion to Stay Proceedings and is of the opinion that such motion should be granted to give the parties an opportunity to take account of, and intelligently react to, this Order, which grants Defendant's Alternative Motion to Transfer. In addition, there will be at least some delay between the time this Order is filed and the transfer of this action to the District of Massachusetts; a limited stay of proceedings will not prejudice Plaintiff and Datasouth Performax allow this action to proceed in an orderly and unhurried way in the District of Massachusetts.

In the present case, however, this Court is of the opinion that it will be useful to provide the parties and any reviewing court with a detailed discussion on the pending motions. See 1A Pt. Moore, W. Taggart, A.


Vestal, J. Ringle, Datasouth Performax Federal Practice Para. In so doing, this Court does not intend to make any findings of fact or conclusions of law regarding the ultimate merits of Plaintiff's claims against Defendant. The information contained within the report refers to Hapco, Inc. Aronson July 25, Aff. The "statement date" of the report is December 21, According to Aronson, Hapco's present financial condition is not accurately reflected by the report. Norwood v. Stewart-Warner Corp. See generally 1A Pt.

Brissey, 46 N.

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Spellman, 45 N. The most important factor that this Court would have to consider Datasouth Performax deciding the personal jurisdiction issue is the severe inconvenience and financial Datasouth Performax 3D would suffer if forced to defend in this District against Plaintiff's claims. Technical Information - Technical Bulletins The following AMT Datasouth technical bulletins areavailable in Performax Ribbon Motion Detection Installation.

Performax FAQ Revision: 01 ITEM QUESTION ANSWER 1 What are the Performax Error Codes? Click here to link to the Performax Error Codes pdf.

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