Paul Velgos v. Nexenta by DDN, Inc.
- Susan Illston
- 3:25-cv-02505
- U.S. District Court · Northern District of California
- 2
In Paul Velgos v. Nexenta by DDN, Inc., Judge Illston ordered Velgos to explain why the copyright case should not be transferred for improper venue.
Paul Velgos must respond to the court's venue order by March 10, 2025; the case's future location may be affected.
What happened
Paul Velgos v. Nexenta by DDN, Inc. is a copyright-infringement case brought under the Copyright Act. Velgos filed the original complaint on January 1, 2025, and a first amended complaint on February 23, 2025.
The court questioned whether the case was filed in the proper federal district. It said Velgos had not alleged facts showing that venue was proper under the copyright venue statute.
Judge Susan Illston ordered Velgos to explain in writing by March 10, 2025, why the case should not be transferred. The court did not transfer the case in this order; it said that failing to respond would be treated as consent to transfer, and it allowed Velgos to file a motion to transfer venue.
The detailed version
- Paul Velgos v. Nexenta by DDN, Inc. · No. 3:25-cv-02505
- Susan Illston
- Mar. 3, 2025
Background
Paul Velgos alleges that the defendants violated the Copyright Act, 17 U.S.C. § 106. He filed the original complaint on January 1, 2025, and a First Amended Complaint on February 23, 2025.
Venue issue
The court addressed venue, meaning the federal district where the case may properly proceed. Under 28 U.S.C. § 1400(a), a copyright-infringement claim may be brought where the defendant resides or where the defendant committed infringement and has a regular and established place of business. The court stated that Velgos contended venue was proper but had not alleged facts showing that venue satisfied the statute.
Order
The court ordered Velgos to show cause in writing no later than March 10, 2025, why the action should not be transferred for improper venue. The order states that failure to respond by the deadline would be deemed consent to transfer the action to the appropriate venue. It also states that, if Velgos wishes to transfer venue, he may file a motion to transfer by the same deadline. The court did not order a transfer in this opinion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.