Plaintiffs intend to call California plaintiffs to testify and authenticate documents. Moreover, plaintiffs have not stated that subpoenas will be necessary to secure the presence of California witnesses. The court finds that the convenience of witnesses strongly favors transfer of this action to the Western District of Tennessee. The location of evidence also compels a conclusion that the action should be transferred to the Western District of Tennessee. NSA's documents are kept in Memphis.
Defendants state that numerous potentially relevant documents exist.
The number of potentially relevant documents apparently is huge because there are records pertaining to the more than 500,000 NSA distributors during the relevant time period and the plaintiffs' theory is that NSA is a pyramid scheme permeated by fraud. It is difficult to imagine that all or even most of these documents will be used at trial. The plaintiffs' list of exhibits for trial is not due until shortly before trial so the defendants might have to take the precautionary step of having all the documents shipped to San Francisco before they receive plaintiffs' list of exhibits for trial. The court hereby orders this action to be transferred to the United States District Court for the Western District of Tennessee. The clerk of the court is directed to take the necessary steps to effectuate the transfer of this action to the United States District Court for the Western District of Tennessee.