Orica Explosives Technology, Pty. Ltd. v. Austin Powder Company, No. 2:06-cv-00450 (E.D. Tex. Apr. 13, 2007)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Before the Court is D efendant Austin Powder Company’s (“Austin Powder”) Motion to Dismiss or in the Alternative Transfer (#11). Austin Powder moves to dismiss this case for improper venue pursuant to Fed. R. C iv. P. 1 2(b)(3) and 28 U.S.C. § 1 406(a). In the alternative, Austin Powder requests that this action be transf erred to the United States District Court for the Centra l District of California, pursuant to either the first-to-file rule or for the convenience of the parties and witnesses pursua nt to 28 U.S.C . § 1404(a) .