UNITED STATES DISTRICT COURT ‘WESTERN DISTRICT OF WISCONSIN COBY RECHT iff, MOTION TO TRANSFER against METRO GOLDWYN MAYER STUDIO, INC., itself or on bebalf of one of its subsidiaries Defendant DEFENDANT’S MOTION TO TRANSFER PURSUANT TO FED. R. CIV. PLL (a) Defendant Metro-Goldwyn-Mayer Studios Inc. (“MGM”) (erroneously named as “Metro Goldwyn Mayer Studio, Inc.”) respectfully submits this ‘memorandum of law in support of its Motion to Transfer this action to the United States Federal District Court for the Central District of California pursuant to Federal Rule of Civil Procedure 1404(a).” L INTRODUCTION Having no connection with this District whatsoever, plaintiff Coby Recht (Plaintiff"), has filed a Complaint in this District alleging claims for copyright 1 ‘This Motion should be considered before Defendant's forthcoming Motion to Dismiss pursuant to Fed. R. Civ. P, 12(b\(6) and 12(b)(2), because if the Court grants this Motion then only the transferee court will have jurisdiction to decide Defendant's Motion to Dismiss, ‘Accordingly, MGM will shortly file its Motion to Extend Time For Defendant to Respond to the ‘Complaint. 6331 Di ooo 1 MOTION TO TRANSFERinfringement and breach of contract in connection with the distribution of the motion picture entitled “The Apple” (the “Picture”) against MGM, a company with its principal place of business in the Central District of California. None of the parties, including the Plaintiff, have any connection to Wisconsin, and none of the events alleged in the complaint took place in Wisconsin. There is not a document or a potential witness in this case within a thousand miles of Wisconsin. It appears that the sole reason that the action was commenced in Wisconsin is that it was one of the most inconvenient forums for MGM that the Plaintiff could imagine. The sole allegations relating to venue (and jurisdiction) in this forum are Plaintiff's conclusory statements that MGM has continuous contact with Wisconsin, MGM derives business and profits from commercial activities within the State, MGM’s movies and other products are publicly performed in movie theaters and broadcast to televisions in Wisconsin, and its DVDs, including the DVD of the Picture, are sold in Wisconsin. (Complaint, 11-13.) These conclusory allegations do nothing to distinguish the State of Wisconsin from any other State. Moreover, they do not rise to the level of the significant connection between Plaintiffs claims in this action and the State of California, as evidenced by Plaintiff's own Complaint and the declarations submitted by MGM herewith. Analysis of the factors traditionally applied under § 1404(a) compel the transfer of this action to the Central District of California. California is a more convenient forum than Wisconsin for MGM’s party witnesses and every third party ‘witness known to MGM, including the “Hollywood producers” referenced in Plaintiffs Complaint and their representatives that were involved with the initial production, distribution, copyright registration and other exploitation of the Picture. None of the known potential third party witnesses are subject to compulsory process in the Western District of Wisconsin. Moreover, virtually all of the documents that will be produced in this action, with the primary exception of TaNrscaet 2 MOTION TO TRANSFERthose in Plaintiff's possession in Israel, are located in the Central District of California. As there is simply no connection between Wisconsin and Plaintiff's allegations, the resolution of the claims set forth in the Complaint are of little importance or significance to the State. Therefore, the interests of overall efficiency and justice favor transfer to the Central District of California. I, STATEMENT OF FACTS A. The Parties 1, Plaintiff Coby Recht In his Complaint, Plaintiff acknowledges that he is a citizen and resident of Israel. (Complaint, 3.) Plaintiff does not allege that he has any connection or ties to Wisconsin. However, Plaintiff admits in his Complaint that he “came from Israel to L.A.” (c., to Los Angeles, California), “worked on creating and promoting” the Picture in Los Angeles, was “involved with Hollywood producers” and signed an agreement drafted “according to instructions from Los Angeles.” (Complaint, $9] 2-13, 19, 21-22, 29.) 2, Defendant MGM MGM is a corporation organized under the laws of Delaware with its principal place of business in Los Angeles, California. (Declaration of Cindy Wolford Perez (“Perez Decl.”), 2.) MGM is engaged in the production, acquisition and distribution of motion pictures for theatrical exhibition, home entertainment and other forms of distribution. (Perez Decl., 3; sce also, Complaint, 17.) MGM maintains no office, facility or employees in Wisconsin. (Perez Decl., 6.) Moreover, with respect to the DVDs of the Picture that are the core of Plaintiff's claims, MGM’s DVD distribution activities have been administered by third parties for over three years. (Perez Decl., 5.) These third parties have facilitated the exploitation of MGM’s DVD with DVD retailers such that MGM is Larmessit 3 MOTION TO TRANSFER,