and other company documents, are located at its California headquarters. (D.I. 10 at 3)While 135 of Callidus' 494 employees work
the California headquarters, the balancework
sales and service facilities throughout the United States (but not
Delaware).Callidus also has international offices. (D.I. 10 at
D.l. 18 at 4)
the United States Code grants district courts theauthority to transfer venue "[f]or the convenience of parties and witnesses,
to any other district
division where it might have beenbrought." 28 U.S.C.
1404(a). Much has been written about the legal standard formotions to transfer under 28 U.S.C.
re Link_A_Media DevicesCorp.,
(Fed. Cir. 2011
State Farm Ins.
Co., 55 F.3d 873 (3dCir. 1995);
Helicos Biosciences Corp.
Supp. 2d 367
Del.2012).Referring specifically to the analytical framework described
the courtstarts with the premise that a defendant's state
incorporation has always been
predictable, legitimate venue for bringing suit" and that
plaintiff, as the injured party,generally ha[s] been 'accorded [the] privilege
bringing an action where he chooses.'"858
Supp. 2d at
349 U.S. 29,
(1955)).Indeed, the Third Circuit
reminds the reader that "[t]he burden
establishingthe need for transfer
rests with the movant" and that, "in ruling on defendants'motion, the plaintiffs choice
venue should not be lightly disturbed." 55 F 3d at 879