MEMORANDUM OPINION AND ORDER
ASPEN, District Judge:
The defendant has moved under Rule 12(b)(3) to dismiss for improper venue or in the alternative under 28 U.S.C. § 1404(a) to transfer this action to the Northern District of California "[f]or the convenience of parties and witnesses [and] in the interests of justice." For the reasons set forth below, the motion to dismiss is denied and the motion to transfer is granted.
I. Background
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