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PANSOPHIC SYS. v. GRAPHIC COMPUTER SERV.

April 26, 1990

PANSOPHIC SYSTEMS, INCORPORATED, Plaintiff,
v.
GRAPHIC COMPUTER SERVICE, INC., Defendant


James H. Alesia, United States District Judge.


The opinion of the court was delivered by: ALESIA

JAMES H. ALESIA, UNITED STATES DISTRICT JUDGE

 Before the Court is the motion of defendant, Graphic Computer Service, Inc., now known as HCS Support Services, Inc. ("HCS"), to transfer this action to the Southern District of Texas, Houston Division, pursuant to 28 U.S.C. section 1404(a). For the reasons set forth below, the motion is granted.

 I. FACTS

 Plaintiff, Pansophic Systems, Inc. ("Pansophic") is an Illinois corporation with its principal place of business located in Lisle, Illinois. On May 31, 1989, Pansophic acquired the Systems Division of Genographics ("Genographics") and thereby succeeded to the business, rights, and interests of Genographics, including all of Genographic's proprietary information, products, and services. HCS is a Texas corporation with its principal place of business located in Houston, Texas. HCS was a direct competitor of Genographics and now, because of Pansophic's acquisition of Genographics, HCS competes directly with Pansophic.

 Pansophic's claim arises from HCS' alleged practice of unfairly hiring away Pansophic's employees (including those who were formerly Genographic employees) and thereby acquiring customer lists, as well as proprietary technical information and trade secrets, which belong exclusively to Pansophic. Pansophic's six-count complaint charges HCS with misappropriation of copyrighted materials, trade secrets, and confidential information, unfair competition, and violation of the Illinois Trade Secrets Act. Ill.Rev.Stat. ch. 140, §§ 351-359 (1989). Pansophic seeks, in addition to compensatory and punitive damages, an accounting and injunctive relief. *fn1"

 II. DISCUSSION

 Section 1404(a) governs the transfer of an action from one district court to another and provides:

 
For the convenience of the parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.

 28 U.S.C. section 1404(a). Transfer is appropriate under section 1404(a) where the moving party establishes: (1) that venue is proper in the transferor district; (2) that venue and jurisdiction are proper in the transferee district; and (3) that the transfer will serve the convenience of the parties and the witnesses and will promote the interest of justice. See Coffey v. Van Dorn Iron Works, 796 F.2d 217, 219 n. 3 (7th Cir. 1986). A section 1404(a) transfer requires a lesser showing of inconvenience than was required under the common law doctrine of forum non conveniens. See Heller Financial, Inc. v. Riverdale Auto Parts, 713 F. Supp. 1125, 1127 (N.D.Ill. 1989). Moreover, because section 1404(a) does not specify the weight a court must accord each factor, that determination is committed to the sound discretion of the trial judge. See Coffey, 796 F.2d at 219.

 With these standards in mind, the Court examines each of the relevant factors:

 A. Venue in This District

 Where jurisdiction is based upon diversity of citizenship alone, a civil action is properly brought in any judicial district in which all plaintiffs reside. 28 U.S.C. § 1391(a). For venue purposes, a corporation "shall be deemed to reside in any judicial district in which it is subject to personal jurisdiction at the time the action is commenced." Judicial Improvements and Access to Justice Act, Pub.L.No. 100-702, § 1013(a), 102 Stat. 4642 (1988) (amending 20 U.S.C. § 1391(c) (1988)). Therefore, it follows that venue is proper in this district because jurisdiction is predicated solely on diversity of ...


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