such service. See Plaintiff's Exh. 60; Aff. of Jonathan L. Rosner, pg. 5. Plaintiff has provided the Court with letters from the deputy secretary general of the Hague Conference and an official from the United Kingdom's Foreign and Commonwealth Office confirming that service may be effected in the United Kingdom through use of a solicitor there. See Plaintiff's Exh. 60.
Because the Hague Convention and the United Kingdom permit service to be effectuated in that country through the use of a solicitor, and because the Court finds that such service comports with notions of due process, the Court concludes that Plaintiff's service of the UMDS Defendants was proper under Rule 4(f) of the Federal Rules of Civil Procedure. Accordingly, the Court will deny the UMDS Defendants' motion to dismiss pursuant to Rule 12(b)(5) for insufficient service of process.
V. Defendants' Motion to Dismiss on the Grounds of Forum Non Conveniens
The UMDS Defendants also seek to dismiss this action based on the doctrine of forum non conveniens as set forth in Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 91 L. Ed. 1055, 67 S. Ct. 839 (1947), and its progeny. Under this doctrine, district courts in their discretion may dismiss an action because the chosen forum, while proper, is inconvenient.
"It is settled that the defendant bears the burden of persuasion as to all elements of the forum non conveniens analysis." Lacey v. Cessna Aircraft Co., 932 F.2d 170, 180 (3d Cir. 1991). In order to meet this burden, the defendant must first establish that an adequate alternative forum exists as to all defendants, and second that both public and private interest factors weigh heavily in favor of dismissing the case. Id. These factors include, inter alia, relative ease of access to sources of proof, availability of compulsory process, and the interest of having the trial in a forum that is home to the law that governs the action. Id. (citing Piper Aircraft v. Reyno, 454 U.S. 235, 241, 70 L. Ed. 2d 419, 102 S. Ct. 252 (1981); Gulf Oil, 330 U.S. at 508-509).
In the instant case, the Court concludes that the UMDS Defendants have not met their initial burden of establishing that an adequate alternative forum exists. First, a resident plaintiff's choice of its home forum is entitled to great deference. Piper, 454 U.S. at 255-56. Second, three of the defendants reside in the United States, and two of them are located here in Pennsylvania. These U.S. defendants, James McGonigle, Philip Loori, and Longport, Inc., play principal roles in the Plaintiff's complaint, which alleges that these two former officers of the Plaintiff engaged in a scheme to misappropriate its proprietary medical scanner technology for their benefit and for defendant Longport's benefit. Moreover, it is not clear that the Plaintiff could sue these U.S. defendants in a British court, as the UMDS Defendants would like, or even that the Plaintiff could receive an adequate remedy under British law. Piper, 454 U.S. at 254-255.
Even assuming that Great Britain provides an adequate alternative forum for Plaintiff's suit, however, the relevant private and public factors weigh heavily against dismissing this case. As discussed above, the three United States defendants play principal roles in Plaintiff's allegations, and evidence of their actions and witnesses thereto are most easily obtained in this forum. Moreover, to the extent that a corporation located in Pennsylvania alleges misappropriation of its trade secrets and confidential business records, the Plaintiff and the Commonwealth have strong interests in having this dispute litigated here. Finally, the courts of the United States, not Great Britain, are best suited to entertain an action based solely on United States law such as the present RICO action. See Gulf Oil, 330 U.S. at 509.
Accordingly, because the UMDS Defendants have not met their burden of establishing an adequate alternative forum and because the public and private interest factors enunciated by the Supreme Court weigh against dismissing this case, the Court will deny the UMDS Defendants' motion to dismiss on the grounds of forum non conveniens.
For the foregoing reasons, the Court will deny the UMDS Defendants' motions to dismiss pursuant to Rules 12(b)(1), 12(b)(2), and 12(b)(5) of the Federal Rules of Civil Procedure and also on the grounds of forum non conveniens.
An appropriate Order follows.
AND NOW, this 31st day of January, 1997; for the reasons set forth in the Court's Memorandum issued the same day;
IT IS ORDERED: The motions to dismiss of the United Medical and Dental Schools of Guy's and St. Thomas's Hospitals, Dr. Mary Dyson, and Hugh Lewis pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(2), and 12(b)(5), as well as on the grounds of forum non conveniens (Document No. 7), filed July 3, 1996, are DENIED;
IT IS FURTHER ORDERED: The motion of the UMDS defendants to dismiss pursuant to Rule 12(b)(6) (Document No. 7), filed July 3, 1996, is DENIED for the reasons set forth in the Court's Order dated January 31, 1997, denying the same motion of Defendants James R. McGonigle and Longport, Inc. (Document No. 4) in this case.
RAYMOND J. BRODERICK, J.
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