context: According to the appellants, when the district court granted the forum non conveniens motion, the parties "had exchanged written discovery responses and documents, and were in the midst of supplementing such responses and preparing for depositions." Appellants' Reply Br. at 23. This Court, and others, have upheld forum non conveniens dismissals in cases where more discovery had been conducted.
citation_a.signal: see also
citation_a.identifier: 935 F.2d 604, 614
citation_a.parenthetical: "[W]e hold today that whenever discovery in a case has proceeded substantially so that the parties already have invested much of the time and resources they will expend before trial, the presumption against dismissal on the grounds of forum non conveniens greatly increases."
citation_a.sentence: Id. at 1520; see also Lony v. E.I. Du Pont de Nemours & Co., 935 F.2d 604, 614 (3d Cir.1991) (“[W]e hold today that whenever discovery in a case has proceeded substantially so that the parties already have invested much of the time and resources they will expend before trial, the presumption against dismissal on the grounds of forum non conveniens greatly increases.”); Gates Learjet Corp. v. Jensen, 743 F.2d 1325, 1335 (9th Cir.1984) (“That trial preparation had progressed nearly to the point of trial certainly was a relevant factor when the district court considered whether trial of the case in Arizona would have been more easy, expeditious and inexpensive than trial in the Philippines.”) (quotation marks omitted, emphasis added); cf. Mercier v. Sheraton Int'l, Inc. 981 F.2d 1345, 1357 (1st Cir.1992) (merits activity “never approached the level which was held to preclude dismissal in Lony or to weigh against dismissal Gates”).
citation_b.signal: cf.
citation_b.identifier: 981 F.2d 1345, 1357
citation_b.parenthetical: merits activity "never approached the level which was held to preclude dismissal in Lony or to weigh against dismissal Gates"
citation_b.sentence: Id. at 1520; see also Lony v. E.I. Du Pont de Nemours & Co., 935 F.2d 604, 614 (3d Cir.1991) (“[W]e hold today that whenever discovery in a case has proceeded substantially so that the parties already have invested much of the time and resources they will expend before trial, the presumption against dismissal on the grounds of forum non conveniens greatly increases.”); Gates Learjet Corp. v. Jensen, 743 F.2d 1325, 1335 (9th Cir.1984) (“That trial preparation had progressed nearly to the point of trial certainly was a relevant factor when the district court considered whether trial of the case in Arizona would have been more easy, expeditious and inexpensive than trial in the Philippines.”) (quotation marks omitted, emphasis added); cf. Mercier v. Sheraton Int'l, Inc. 981 F.2d 1345, 1357 (1st Cir.1992) (merits activity “never approached the level which was held to preclude dismissal in Lony or to weigh against dismissal Gates”).