Massachusetts courts rarely grant dismissal for forum non conveniens. In a forum non conveniens determination, the court should not disturb a plaintiff's choice of forum unless the balance of public and private concerns clearly weighs in defendant's favor. 40 Mass. App. That is not the case here. Thus, in my discretion, I deny the forum non conveniens motion.
Plaintiffs seek class certification.
No motion to certify has yet been filed. See e.g., Jacobson v. Mailboxes, Etc. In this memorandum I make no ruling on this issue. The relevant pleading is the First Amended Complaint. No such motion has been filed as of the date of this decision.