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Ayco Farms, Inc. v. Ochoa

United States Court of Appeals, Ninth Circuit

July 10, 2017

Ayco Farms, Inc., a Florida corporation, Plaintiff-Appellant,
v.
Guillermo Rodriguez Ochoa, an individual, Defendant-Appellee.

          Argued and Submitted January 9, 2017 Pasadena, California

         Appeal from the United States District Court for the Central District of California, D.C. No. 8:14-cv-01675-JLS-AN Josephine L. Staton, District Judge, Presiding

          Paul S. Marks (argued) and Yuriko M. Shikai, Neufeld Marks, Los Angeles, California, for Plaintiff-Appellant.

          Timothy D. Biche (argued), Diyari Vázquez, and Gerald E. Hawxhurst, Crone Hawxhurst LLP, Los Angeles, California, for Defendant-Appellee.

          Before: Richard C. Tallman and Michelle T. Friedland, Circuit Judges, and David A. Faber, [*] District Judge.

         SUMMARY[**]

         Forum Non Conveniens

         The panel affirmed the district court's order dismissing Ayco Farms, Inc.'s complaint under the doctrine of forum non conveniens.

         The panel held that in performing a forum non conveniens analysis, the district court did not abuse its discretion by comparing the proposed foreign forum (Mexico) with the forum that the plaintiff actually chose (California), rather than with the United States as a whole.

         The panel held that the district court did not err in affording less deference to Ayco's choice to file a lawsuit in California where Ayco had limited contacts with California.

         The panel held that the district court properly found that the private interest factors strongly favored trial in Mexico, and the public interest factors supported the foreign forum. The panel concluded that the district court did not err in balancing the private and public interest factors, and in concluding that they strongly favored dismissal.

          OPINION

          PER CURIAM.

         Ayco Farms, Inc. appeals the district court's order dismissing its complaint under the doctrine of forum non conveniens. We have jurisdiction under 28 U.S.C. ยง 1291. Because we conclude that the district court applied the ...


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