Citations

Full opinion text

OPINION LECHNER, District Judge. This is an action brought by pro se plaintiff, Jay L. Rappoport, (“Rappaport”) against defendants, Steven Spielberg (“Spielberg”), Amblin Entertainment (“Amblin”), Michael Ovitz (“Ovitz”), Creative Artists Agency (“CAA”), Industrial Light and Magic (“ILM”), Universal City Studios, Inc. (“Universal”), Jeffrey Montgomery (“Montgomery”), Harvey Entertainment (“Harvey”), Warner Brothers (“Warner Bros.”), Time Warner, Inc. (“Time Warner”), Turner Pictures Worldwide, Inc. (“Turner Pictures”), Turner Broadcasting System, Inc. (“TBS”), Hanna-Barbera, Inc. (“Hanna-Barbera”), David Kirschner (“Kirschner”), Maurice Hunt (“Hunt”), Tele-Communications Inc. (“TCI”), The News Corporation Limited (the “News Corp.”), Twentieth Century Fox Film Corporation (“Fox”), Pizza Hut, Inc. (“Pizza Hut”), Nabisco, Inc., (“Nabisco”), Star Enterprise, Inc. (“Star”), (“Texaco”), DowBrands, Inc. (“Dow”), Tropicana Products, Inc. (“Tropicana”), Kellogg USA, Inc. (“Kellogg”), The Washington Post Company (the “Washington Post”), Viacom International, Inc. (“Viacom”), Paramount Pictures Corporation (“Paramount Pictures”), Paramount Communications (“Paramount Communications”), Paramount Studios (“Paramount Studios”), The Coca-Cola Company (“Coca-Cola”), Big Feats Entertainment, L.P. (“Big Feats”), CBS Broadcasting, Inc. (“CBS”), Andrew Hill (“Hill”), the City of Portland (Oregon) (the “City of Portland”), Portland Cable Access (“Portland Cable”), Corporation for Public Broadcasting (“CPB”), Channel 13 (New York City) (“EBC”), Elaine Weinberg (‘Weinberg”), Debbie Luppold (“Luppold”), Melinda McCrossen (“McCrossen”), Phyllis Cole (“Cole”), Ellery Nelson (“Nelson”), Preston Foster (“Foster”), George Slanina (“Slanina”) and Sandi St. John (“St.John”) (collectively, the “Defendants”). The Amended Complaint asserts claims for copyright infringement, theft of trade secrets, breach of implied contract, false designation of origin pursuant to 15 U.S.C. § 1125(a), restraint of trade pursuant to 15 U.S.C. § 1 and violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1964(c). See Amended Complaint at ¶ 5. Jurisdiction and venue are asserted in the Amended Complaint pursuant to 28 U.S.C. 1338(a) and 1400(a), 15 U.S.C. §§ 1125(a), 15(a) and 18 U.S.C. 1965(a), (b). See id. Rappoport contends his “work taken by the [Defendants was the basis for, and has been incorporated into some of the most commercially successful and creatively important films, television series, special effects work, and technological innovations of the decade.” Id. at ¶8. The thirty page, 221 paragraph Amended Complaint is far from clear. It does not contain a short and plain statement of the claims upon which Rappo-port seeks relief. See Fed.R.Civ.Pro. 8(a). Rappoport does make clear he has not been recognized for his work and seeks “accurate attribution for his work and compensatory and punitive damages to be determined at trial.” Id. at ¶¶ 215-221. Currently pending are the following motions: Motions to Transfer 1. a motion by Rappoport to transfer (the “Rappoport Motion to Transfer”) the action to the United States District Court for the District of Oregon (the “District of Oregon”); 2. a motion by the “Movie Defendants” to transfer (the “Movie Defendants Motion to Transfer”) the action to the United States District Court for the Southern District of New York (the “Southern District of New York”); 3. a motion by CBS and Hill to transfer (the “CBS/Hill Motion to Transfer”) the action to the Southern District of New York; 4. a motion by Coca-Cola to transfer (the “Coca-Cola Motion to Transfer”) the action to the Southern District of New York; 5. a “motion” by Tropicana to transfer (the “Tropicana Motion to Transfer”) the action to the Southern District of New York; 6. a motion by Star and Texaco to transfer (the “Star/Texaco Motion to Transfer”) the action to the Northern District of Georgia; 7. a motion by Big Feats to transfer (the “Big Feats Motion to Transfer”) the action to the United States District Court for the Northern District of Texas (the “Northern District of Texas”); Motions to Dismiss or Transfer 8. Motions by TCI to dismiss the action for insufficiency of process and for lack of personal jurisdiction (the “TCI Motion to Dismiss”) or, in the alternative, to transfer (the “TCI Motion to Transfer”) the action to the Southern District of New York (collectively, the “TCI Motion to Dismiss/Transfer”); 9. a motion by the “PCA Defendants” to dismiss the action for lack of personal jurisdiction or, in the alternative, to transfer the action to the District of Oregon (the “PCA Defendants Motion to Dismiss/Transfer”); 10. a motion by the City of Portland to dismiss the action for lack of personal jurisdiction or, in the alternative, to transfer the action to the District of Oregon (the “City of Portland Motion to Dismiss/Transfer”); Motions to Dismiss 11. a motion by Spielberg to dismiss the action for insufficiency of process and for lack of personal jurisdiction (the “Spielberg Motion to Dismiss”); 12. a motion by Montgomery to dismiss the action for lack of personal jurisdiction (the “Montgomery Motion to Dismiss”); 13. a motion by Harvey to dismiss the action for lack of personal jurisdiction (the “Harvey Motion to Dismiss”); 14. a motion by Hanna-Barbera to dismiss the action for lack of personal jurisdiction (the “Hanna-Barbera Motion to Dismiss”). Excluding the Rappoport Motion to Transfer, these motions will be collectively referred to as the “Post-Amendment Motions.” For the reasons set forth below: 1. the Rappoport Motion to Transfer is granted in part and denied in part; 2. the Movie Defendants Motion to Transfer is granted; the claims against the Movie Defendants are severed and transferred to the Southern District of New York; 3. the CBS/Hill Motion to Transfer is granted; the claims against CBS and Hill are severed and transferred to the Southern District of New York; 4. the Coca-Cola Motion to Transfer is granted; the claims against Coca-Cola are severed and transferred to the Southern District of New York; 5. the Tropicana Motion to Transfer is granted; the claims against Tropicana are severed and transferred to the Southern District of New York; 6. the Star/Texaco Motion to Transfer is granted; the claims against Star and Texaco are severed and transferred to the Northern District of Georgia; 7. the Big Feats Motion to Transfer is granted; the claims against Big Feats are severed and transferred to the Northern District of Texas; 8. the TCI Motion to Dismiss/Transfer is granted in part and denied in part; the claims against TCI are severed and transferred to the Southern District of New York; 9. the PCA Defendants Motion to Dismiss/Transfer is granted in part and denied in part; the claims against the PCA Defendants are severed and transferred to the District of Oregon; 10. the City of Portland Motion to Dismiss/Transfer is granted in part and denied in part; the claims against the City of Portland are severed and transferred to the District of Oregon; 11. the Spielberg Motion to Dismiss is granted; the claims against Spielberg are dismissed without prejudice; 12. the Montgomery Motion to Dismiss is granted; the claims against Montgomery are dismissed without prejudice; 13. the Harvey Motion to Dismiss is granted; the claims against Harvey are dismissed without prejudice; 14. the Hanna-Barbera Motion to Dismiss is granted; the claims against Hanna-Barbera are dismissed without prejudice; and 15. the claims against Ovitz, Kirsehner and Kellogg are severed and transferred to the District of Oregon. In summary, the claims against Amblin, Universal, Warner Bros., Time Warner, Turner Pictures, TBS, the News Corp., Fox, Paramount, Viacom, ILM, Nabisco, Dow, Pizza Hut, CAA, the Washington Post Company, CBS, Hill, Coca-Cola, Tropicana and TCI are transferred to the Southern District of New York. The claims against Star and Texaco are severed and transferred to the Northern District of Georgia. The claims against Big Feats are severed and transferred to the Northern District .of Texas. The claims against Portland Cable, Luppold, McCrossen, Nelson, Slanina, the City of Portland, Ovitz, Kirsehner and Kellogg are transferred to the District of Oregon. The claims against Spielberg, Montgomery, Harvey and Hanna-Barbera are dismissed without prejudice. Background A. Procedural History On 21 November 1997, Rappoport filed the thirty page, single-spaced complaint (the “Complaint”) that named as defendants more than forty individuals and entities. See Complaint. Upon filing the Complaint, Rappo-port paid the required filing fee. On 16 January 1998, Rappoport filed an application to proceed in forma pauperis (the “Application”). By order, dated 22 January 1998, (the “22 January 1998 Order”) the Application was denied. See 22 January 1998 Order. On 20 January 1998, Rappoport filed a request for appointment of counsel (the “Request for Counsel”). See Request for Counsel. By order, dated 30 January 1998, (the “30 January 1998 Order”) the Request for Counsel was denied by Magistrate Judge Dennis M. Cavanaugh (“Magistrate Judge Cavanaugh”). See 30 January 1998 Order. On 17 February 1998, Universal, Warner Bros., Time Warner, Turner Pictures, TBS, the Paramount Defendants and Viacom filed a motion to compel Rappoport to amend the Complaint (the “Motion Compelling Amendment of the Complaint”). On 2 March 1998, TCI filed a Notice of Joinder in the Motion Compelling the Amendment of the Complaint. Several other motions were filed by the Defendants seeking the dismissal of the Complaint for, among other things, lack of personal jurisdiction, insufficient service of process and failure to state a claim (collectively, the “Pre-Amendment Motions to Dismiss the Complaint”). By order, dated 2 March 1998, (the “2 March 1998 Order”) the Motion Compelling Amendment of the Complaint was granted by Magistrate Judge Cavanaugh. Rappoport was directed to file an amended complaint within fifteen days of filing the 2 March 1998 Order. See 2 March 1998 Order. By order, dated 4 March 1998, (the “4 March 1998 Order”) EBC was voluntarily dismissed from the action. See 4 March 1998 Order. On 6 March 1998, a hearing (the “6 March 1998 Hearing”) was held before Magistrate Judge Cavanaugh. At the 6 March 1998 Hearing, Magistrate Judge Cavanaugh denied, without prejudice, the Pre-Amendment Motions to Dismiss the Complaint. See Transcript of 6 March 1998 Hearing at 5. Magistrate Judge Cavanaugh advised the Defendants that motions concerning lack of jurisdiction, lack of service of process, improper venue and forum non conveniens would be entertained before any other motion would be considered. See Transcript of 6 March 1998 Hearing at 5. By order, dated 9 March 1998, (the “9 March 1998 Order”) CPB was voluntarily dismissed from the action. See 9 March 1998 Order. By order, dated 10 March 1998, (the “10 March 1998 Order”) Weinberg was voluntarily dismissed from the action. See 10 March 1998 Order. On 16 March 1998, Rappoport filed the Amended Complaint. See Amended Complaint. The Posb-Amendment Motions were then filed. Rappoport did not submit opposition, as such, to the Post-Amendment Motions. Instead, he filed the Rappoport Motion to Transfer the action to the District of Oregon. In the Rappoport Moving Brief, Rappoport argues in favor of the Rappoport Motion to Transfer and in opposition to the Posb-Amendment Motions. By letter, dated 21 April 1998, (the “Rap-poport 21 April 1998 Letter”), Rappoport stated he has been unable to serve Hunt, Foster, Cole and St. John. He also stated that because the inclusion of these individuals as defendants “is not strictly necessary to achieving a fair resolution to the dispute, [he] is willing to waive his claims against” them. See Rappoport 21 April 1998 Letter. By order, dated 10 June 1998, Hunt, Foster, Cole and St. John were dismissed from the action, pursuant to Rule 4(m) of the Federal Rules of Civil Procedure and pursuant to the Rappoport 21 April 1998 Letter. See 10 June 1998 Order; Rappoport 21 April 1998 Letter. B. Facts Rappoport is currently a citizen and resident of the State of New Jersey. See Amended Complaint ¶ 1. He is a self-professed “aspiring writer and film-maker.” See id. The Amended Complaint pleads five claims, denominated as copyright infringement, breach of implied contract, false designation of origin, restraint of trade and RICO. See id. at ¶ 5. Each claim is premised on conduct of the Defendants to misappropriate the “intellectual property” of Rappoport through alleged acts of “industrial espionage,” “electronic surveillance” and theft of confidential materials. See id. at ¶¶ 6-7. In most instances, the Amended Complaint fails to designate which purported claims are directed at particular defendants. See Amended Complaint. In some instances, the allegations which are asserted against certain defendants are too vague to adequately state a claim. For example, Spielberg, Amblin, Ovitz, CAA, ILM, Universal, News Corp., TCI, Time Warner, Turner Pictures and the Paramount Defendants are described in the Amended Complaint as “Primary Motivating Parties.” See id. at ¶ 26. Montgomery, Harvey, Kirschner and Hanna-Barbera, on the other hand, are vaguely described as “Secondary Conspirators.” See id. at ¶27. To the extent possible, the various claims as to each of the Defendants are set forth below. Rappoport alleges that in September 1991, while he resided in New Jersey, he made a submission to a News Corp. executive, Rafael Pastor (“Pastor”), consisting of a short synopsis of a pilot episode for a proposed television series entitled “Portland Stories” and a “partial shooting plan” for the first episode. See id. at ¶¶2-3, 28, 32. The submission appears to have been sent to Pastor in New York. Rappoport contends he did not submit the synopsis to any other party. See id. at ¶ 36. The submission by Rappoport also included two allegedly novel special effects for use in the story. See id. at ¶ 32. Rappoport alleges Pastor was initially enthusiastic about his work and assured him it would be treated as confidential. See id. at ¶¶ 29, 32. Rappo-port asserts, however, that Pastor later indicated he was not interested in the work and suggested Rappoport seek other avenues to produce his work. See id. at ¶ 33. After concluding Pastor was not interested in pursuing his submission, Rappoport decided to produce his work on his own at the facilities of Portland Cable in Portland, Oregon, which he did during the summer of 1992. See id. at ¶ 37. The Amended Complaint alleges that while Rappoport was working at Portland Cable, his production “was the subject of an intensive industrial espionage organized and carried out by the [Defendants.” Id. at ¶ 41. Allegedly, Pastor had passed on the submission of Rappoport to others in the industry. See id. It is alleged that the “industrial espionage” included “the placement of Jeffrey Montgomery, the president of Harvey Entertainment, as an industrial spy” at Portland Cable, who facilitated the misappropriation of Plaintiffs story concepts and “innovative effects techniques.” See id. at ¶¶ 42, 47, 49-50. The Amended Complaint contends that a “strategic umbrella collusion” existed among various entertainment industry entities, pursuant to which there was an “inner flow of projects” and talent from which they would all ultimately benefit. See id. at ¶ 89. Noting the “large scale acquisition or merger” activity in the industry, the Amended Complaint asserts that “[t]he circumstantial pattern of fact in this case, suggests that these activities, as a group, may well be interdependent and collusive.” Id. at ¶ 95 (emphasis added). The Amended Complaint alleges copyright infringement by two films, “Pagemaster,” and “Twister,” upon the copyrighted work of Rappoport called “Critical Scrutiny.” See id. at ¶¶ 9-10, 99. The Amended Complaint also alleges copyright infringement by the television series “Wishbone,” “Touched by an Angel,” and “Through the Horn” upon the work of Rappoport called “Portland Stories” and “Critical Scrutiny.” See id. at ¶ 13. As well, the Amended Complaint alleges: 1. Pagemaster incorporates “plaintiff’s synopsis, video, PCA production and development work”, id. at ¶ 17; 2. Twister “incorporates imagery from plaintiffs copyrighted work”, id. at ¶ 18; 3. Two Diet Coke commercials “misappropriates [sic] the first special effects technique from plaintiffs synopsis”, id. at ¶ 19; 4. Forrest Gump “misappropriates the second special effects technique from plaintiffs synopsis, PCA production and development work”, id. at ¶ 20; 5. Jurassic Park “misappropriated technique for the placement of magnets to capture physical motion, and transfer to screen characters, from PCA production, recorded by Mr. Montgomery on September 4,1992”, id. at ¶ 21; 6. Wishbone misappropriates “from plaintiffs story and TV series conception of CRITICAL SCRUTINY, from PCA production, recorded by Mr. Montgomery on September 11,1992”, id. at ¶ 22; 7. Touched by An Angel misappropriates “from plaintiffs unpublished story and TV series conception of the GODDESS OF PORTLAND from PCA production, recorded by Mr. Montgomery on September 11,1992”, id. at ¶ 23; and 8. Through the Horn is “taken from the plaintiffs description of his unpublished story THE WATCHMAN’S TALE, recorded by Mr. Montgomery on September 11,1992”, id. at ¶ 24. The second claim, for breach of implied contract and theft of trade secrets, alleges the improper disclosure and exploitation of the materials submitted to Pastor in 1991 and the misappropriation of elements from the copyrighted audiovisual work of Rappo-port. See id. at ¶¶ 138-183. In addition to “Pagemaster” and “Twister,” this claim complains of misappropriation by the Defendants in all of the following works: the film “Forrest Gump”, two Diet Coke commercials, the film “Jurassic Park”, the PBS television series “Wishbone”, the CBS television series “Touched By An Angel”, and a story entitled “Through the Horn.” The third claim is for false designation of origin under Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)), with respect to the credits of “Pagemaster” and “Twister,” both of which Rappoport claims contain copyrightable elements from his work. See id. at ¶¶ 184-186. The fourth claim alleges unfair restraint of trade, in violation of 15 U.S.C. § 1. See id. at ¶¶ 187-199. Finally, the fifth claim asserts a RICO violation under 18 U.S.C. § 1962, again based on the alleged “formation of a criminal enterprise in New York and at PCA, for the purpose of defrauding the plaintiff of his valuable intellectual property for commercial exploitation.” Id. at ¶ 201. As mentioned, Rappoport seeks “accurate attribution for his. work, and compensatory and punitive damages” because of the alleged conduct of the Defendants. See Amended Complaint at ¶¶ 8, 215-221. Extraordinary steps were taken by Magistrate Judge Cavanaugh to organize and schedule the submission of the Post-Amendment Motions and opposition from Rappo-port to these motions. Specifically, Rappo-port was encouraged to retain counsel; he declined to do so. See Transcript of 6 March 1998 Hearing at 4. Rappoport was advised the Post-Amendment Motions could result in not only transfer but also severance of certain portions of this case and transfer to more than one district. See id. at 13. Even after such discussions, Rappoport asked whether it was necessary for him to submit opposition to the Posh-Amendment Motions or whether the court could “just look at the facts and apply the law.” Id. at 15. As mentioned, Rappoport did submit opposition — albeit in the Rappoport Moving Brief submitted in support of the Rappoport Motion to Transfer. Discussion A. Standard of Review for Pro Se Submissions Pro se submissions, “ ‘however inartfully pleaded,’ must be held to ‘less stringent standards than formal pleadings drafted by lawyers’ and can only be dismissed for failure to state a claim if it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’” Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)), reh’g denied, 429 U.S. 1066, 97 S.Ct. 798, 50 L.Ed.2d 785 (1977); see also Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 30 L.Ed.2d 652, reh’g denied, 405 U.S. 948, 92 S.Ct. 963, 30 L.Ed.2d 819 (1972); McDowell v. Delaware State Police, 88 F.3d 188, 189 (3d Cir.1996); United States v. Day, 969 F.2d 39, 42 (3d Cir.1992) (holding pro se petition cannot be held to same standard as pleadings drafted by attorneys); Lewis v. Attorney General of United States, 878 F.2d 714, 722 (3d Cir.1989). When receiving a pro se complaint, a court must construe a plaintiffs factual allegations and his or her claims liberally. See Neitzke v. Williams, 490 U.S. 319, 330 n. 9, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989); Haines, 404 U.S. at 520, 92 S.Ct. 594; Roman v. Jeffes, 904 F.2d 192, 197 (3d Cir.1990). B. Venue The Amended Complaint asserts jurisdiction is proper in this District pursuant to, among other things, 28 U.S.C. § 1338 (“Section 1338”). See Amended Complaint at ¶ 5. Because jurisdiction is not founded solely upon diversity of citizenship, subsection (b) of § 1391 of Title 28 (“Section 1391”) of the United States Code is one of the sections that govern in which district Rappoport was able to commence this action. See 28 U.S.C. § 1391(b); see also Urrutia v. Harrisburg County Police Dept., 91 F.3d 451, 460, 462 (3d Cir.1996), Cottman Transmission Sys., Inc. v. Martino, 36 F.3d 291, 293 (3d Cir.1994). Section 1391(b) provides: (b) A civil action wherein jurisdiction is not founded solely on diversity of citizenship may, except as otherwise provided by law, be brought only in (1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought. 28 U.S.C. § 1391(b) (emphasis added); see Urrutia, 91 F.3d at 462. For purposes of § 1391, “a defendant that is a corporation shall be deemed to reside in any judicial district in which it is subject to personal jurisdiction at the time the action is commenced.” 28 U.S.C. § 1391(e); see Jumara v. State Farm Ins. Co., 55 F.3d 873, 879 (3d Cir.1995). In this case, all of the Defendants do not reside in the same state. See 28 U.S.C. § 1391(b)(1). For example, Nelson, Luppold, MeCrossen and Slanina are residents of the State of Oregon while Montgomery is a resident of the State of California. See Nelson Aff. at ¶ 2; Luppold Aff. at ¶ 2; MeCrossen Aff. at ¶ 2; Slanina Aff. at ¶ 2; Montgomery Certif. at ¶2. In addition, it is likely that several of the corporate Defendants are not “residents” of the same state for purposes of § 1391(b). As such, an appropriate venue is “a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred.” See 28 U.S.C. § 1391(b)(2). From a review of the Amended Complaint, the Rappoport Motion to Transfer and the submissions of the Defendants, it is apparent that a substantial part of the events' or omissions giving rise to the claims by Rappoport did not occur in this District. Rappoport conceded as much when he filed the Rappoport Motion to Transfer which seeks to transfer the entire action to the District of Oregon. In the Rappoport Moving Brief, Rappoport argues: Based on the allegations in the plaintiff’s amended complaint, the majority of acts taken against the plaintiff occurred in Oregon. Rappoport Moving Brief at 1; see Rappoport Moving Brief at 4, 9. 11. Rappoport also contends: “The weight of acts is far greater on the ground in Oregon than in New Jersey or New York”, id. at 7, and “[n]o other District has an interest in resolving this dispute that can even begin to compare with that of the District of Oregon.” Id. at 2. A review of the Amended Complaint also reveals that a substantial part of the events or omissions giving rise to the claims by Rappoport did not occur in this District. The Amended Complaint asserts Rappoport submitted his work to Pastor in New York. See Amended Complaint at ¶¶ 6, 28. .Pastor, in turn, allegedly misappropriated it and passed it to Spielberg and Ovitz. See id. at ¶ 77. The work of Rappoport was then allegedly incorporated in three separate projects, which projects “were organized into a trading flow among the defendants.” See id. at ¶¶ 79-88. Although unclear from the Amended Complaint, it appears the alleged “trading flow among the defendants” did not occur in New Jersey. The Amended Complaint also sets forth, for approximately five pages, the “wrongful and unfair conduct” of the Defendants while Rappoport was in Portland, Oregon. See id. at p. 9-13. Such conduct allegedly included the surreptitious recording of the work of Rappoport and the infiltration of Portland Cable by some of the Defendants. See id. at ¶¶ 56, 68. The only nexus to this District appears to be that Rappoport currently resides here and apparently made telephone calls to Pastor from here. See id. at ¶¶ 1-2. Based on the foregoing, venue is improper in this District pursuant to § 1391(b). Because Rappoport has asserted claims against certain defendants for copyright infringement and for violations of RICO, however, additional venue statutes must be consulted. For example, § 1400 of Title 28 of the United States Code (“Section 1400”) sets forth the proper venue in a copyright action. Section 1400 provides, in relevant part: (a) Civil actions, suits, or proceedings arising under any Act of Congress relating to copyrights or exclusive rights in mask works may be instituted in the district in which the defendant or his agent resides or may be found. 28 U.S.C. § 1400 (emphasis added). Section 1965 of Title 18 of the United States Code (“Section 1965”) sets forth the proper venue in a RICO action. Section 1965 provides, in relevant part: (a) Any civil action or proceeding under this chapter against any person may be instituted in the district court of the United States for any district in which such person resides, is found, has an agent, or transacts his affairs. 18 U.S.C. § 1965 (emphasis added). Notwithstanding the provisions of § 1400 and § 1965, it appears venue is still not appropriate in this District for certain defendants. For example, Nelson, Luppold, McCrossen Slanina and Montgomery neither “reside in” nor are “found in” this District. See Nelson Aff.; Luppold Aff.; McCrossen Aff.; Slanina Aff.; Montgomery Certif. Accordingly, as to those defendants and possibly others, the claims against them must either be dismissed, or, if it is in the interest of justice, be transferred to a district in which the claims could have been brought in the first place. See 28 U.S.C. § 1406(a) (“Section 1406(a)”); see also Jumara, 55 F.3d at 878. Rappoport has pleaded allegations which, if proven to be true, may articulate viable causes of action. Where the option exists, claims against those defendants for whom venue is improper will be transferred to another district. Similarly, even though venue may be appropriate in this District for some of the claims against some of the Defendants pursuant to § 1400 and/or § 1965, the claims as to those defendants will be transferred for the convenience of the parties and in the interests of justice. See 28 U.S.C. § 1404(a) (“Section 1404(a)”). It cannot be overlooked that, no party, including Rappoport, has suggested that this court should retain jurisdiction over any of the claims. The question arises then to which district or districts the various claims should be transferred. The parties dispute to which of four possible districts the entire action, or parts of it, should be transferred. Rappo-port contends the entire action should be transferred to the District of Oregon. See Rappoport Moving Brief; Rappoport Reply Brief. The Movie Defendants, Coca-Cola, CBS, Hill, TCI and Tropicana argue the claims against them should be severed and transferred to the Southern District of New York. See Film Defendants Moving Brief; Film Defendants Reply Brief; Coca-Cola Moving Brief; Coca-Cola Reply Brief; CBS Moving Brief; CBS Reply Brief; TCI Moving Brief; Tropicana Opposition Brief. Star and Texaco contend the claims against them should be severed and transferred to the Northern District of Georgia. See Star Opposition Brief; Star Reply Brief; and the Texaco 17 June 1998 Letter. Big Feats asserts the claims against it should be severed and transferred to the Northern District of Texas. The PCA Defendants and the City of Portland assert the claims against them should be severed and transferred to the District of Oregon. See PCA Defendants Moving Brief; PCA Defendants Reply Brief; City of Portland Moving Brief; City of Portland Reply Brief. C. Severing the Claims In view of the conflicting motions to transfer the venue of this action, it must be determined whether the claims by Rappoport can, and should, be severed and transferred to different districts. Rule 21 of the Federal Rules of Civil Procedure provides: Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a Party may be severed and proceeded with separately. Fed.R.Civ.Pro. 21 (emphasis added). Misjoinder of defendants occurs where the plaintiff fails to satisfy any of the conditions of permissive joinder under Rule 20(a) of the Federal Rules of Civil Procedure. See International Islamic Community of Masjid Baytulkhaliq, Inc. v. United States, 981 F.Supp. 352, 361 (D.Vi.1997). Rule 20(a) states, in relevant part: All persons ... may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants will arise in the action. Fed.R.Civ.Pro. 20 (emphasis added). As mentioned, and discussed below, the claims by Rappoport against the Defendants do not arise “out of the same transaction, occurrence, or series of transactions or occurrences.” It appears, from the Amended Complaint that each defendant not only allegedly used the work of Rappoport separately (e.g., in different movies and television series) but also used such work differently (e.g., in movies, television commercials, advertising campaigns, etc.). Accordingly, the claims against the Defendants will be severed. See Fed.R.Civ.Pro. 21. Rule 21 has been held by at least one circuit court to authorize “the severance of any claim, even without a finding of improper joinder, where there are sufficient other reasons for ordering a severance”, such as where venue is improper as to certain defendants. See Wyndham Assocs. v. Bintliff, 398 F.2d 614, 618-19 (2d Cir.), cert. denied, 393 U.S. 977, 89 S.Ct. 444, 21 L.Ed.2d 438 (1968) (citing Sporia v. Pennsylvania Greyhound Lines, 143 F.2d 105 (3d Cir.1944)). Without expressly relying on Rule 21, the Third Circuit has acknowledged that a portion of an action against certain defendants may be severed and transferred to another district. See Cottman, 36 F.3d at 296. In situations where the claims against one or more defendants are severed because of improper venue, a district court may then transfer the severed claims to another district pursuant to § 1404(a) or § 1406(a). See Cottman, 36 F.3d at 296; Carver v. Knox County, Tenn., 887 F.2d 1287, 1293 (6th Cir.1989) (severing certain claims and transferring to another district); City of Virginia Beach, Va. v. Roanoke River Basin Assoc., 776 F.2d 484, 489 (4th Cir.1985); In re Fine Paper Antitrust Litig., 685 F.2d 810, 819 (3d Cir.1982), cert. denied, 459 U.S. 1156, 103 S.Ct. 801, 74 L.Ed.2d 1003 (1983) (recognizing that “venue defects as to a party whose portion of the action has been severed do not bar transfer of the remainder of the action”); Wyndham Assocs., 398 F.2d at 618-19; Magee v. Essex-Tec Corp., 704 F.Supp. 543, 546 n. 2 (D.Del.1988); United Nations Korean Reconstruction Agency v. Glass Prod. Methods, Inc., 143 F.Supp. 248, 249 (S.D.N.Y.1956) (severing and transferring claims as to certain defendants); see also 15 James WM. Moore, Moore’s Federal Practice § 111.12[2][b] at 111-61 (3d ed.1998); 15 Charles A. Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure § 3827 at 275-76 (2d ed.1986). In Cottman, the Circuit stated: In the situation where venue is proper for one defendant but not for another and dismissal is inappropriate, the district court has a choice. One option is to transfer the entire case to another district that is proper for both defendants. Another alternative is to sever the claims, retaining jurisdiction over one defendant and transferring the case as to the other defendant to an appropriate district. 36 F.3d at 296 (emphasis added). As explained by the Second Circuit in Wyndham Assocs.: [Wjhere the administration of justice would be materially advanced by severance and transfer, a district court may properly sever the claims against one or more defendants for the purpose of permitting the transfer of the action against the other defendants, at least in cases where, as here, the defendants as to whom venue would not be proper in the transferee district are alleged to be only indirectly connected to the manipulations which form the main subject matter of the action. 398 F.2d at 618-619. In this case, the claims should be severed and transferred to one or more other districts because a substantial part of the events or omissions giving rise to the claim did not occur in this District. Also, as mentioned, no party, including Rappoport, has requested that this court retain jurisdiction over any portion of the action. Finally, it appears the convenience of the parties and the interest of justice will be better served if the claims are severed and transferred. As is discussed below, severance and transfer of the claims are warranted in this case because the administration of justice would be materially advanced by such action. First, considering the number of defendants named in the Amended Complaint it appears that one venue does not exist where all the claims of Rappoport can be litigated. Second, unlike the defendants in Cottman, many of the Defendants are “only indirectly connected,” if at all, to the central allegations by Rappoport that his intellectual property was intentionally misappropriated by Pastor and other Defendants. For example, the City of Portland is described by Rappoport as a “contributory infringer” because it allegedly “had an obligation to prevent, the industrial espionage of the plaintiffs production at PCA.” Amended Complaint at ¶¶ 125-126. Portland Cable is also described as a “contributory infringer” because it “either knew or should have known of the infringing activity taking place on its premises.” Id. at ¶ 124. The claims by Rappoport appear to be separate and distinct because they arise from separate and distinct acts by the Defendants and involve separate and distinct property. See Amended Complaint. For example, Rap-poport contends certain defendants, namely News Corp., Spielberg, Montgomery and Ov-itz, intentionally misappropriated his intellectual property. See id. at ¶¶ 11, 42, 77-82. Other defendants, namely Turner Pictures, Fox, Kirsehner and Hunt, are alleged to have infringed on the work of Rappoport through the motion picture “Pagemaster.” See id. at ¶¶ 9, 96. Warner Bros., Universal, Amblin, Spielberg and ILM are alleged to have infringed upon the work of Rappoport through the motion picture “Twister.” See id. at ¶¶ 10, 97, 114. Also, Rappoport asserts certain defendants, namely Portland Cable and the City of Portland, failed to stop the alleged misappropriation and therefore are liable as “contributory infringers.” See id. at ¶¶ 124-127. In addition, Rappoport alleges Pizza Hut, Nabisco, Texaco (and presumably Star), Dow, Tropicana and Kellogg are liable as “promotional tie-in partners.” See id. at ¶¶ 19-24. The only item which even remotely ties all of the Defendants together is the far-fetched allegation by Rappoport that all of them are part of a “strategic umbrella collusion.” This conclusory allegation is not sufficient to justify the joinder of all Defendants in a single action pursuant to Rule 20 of the Federal Rules of Civil Procedure. Rappoport has not pleaded facts which demonstrate the Defendants were part of a “single common plan.” Because many of the claims are unrelated, the severance and transfer of certain claims to different districts is appropriate. D. Transfer Section 1404(a) authorizes a district court to transfer a ease to any other district where venue is proper “[f]or the convenience of the parties and witnesses, in the interests of justice....” 28 U.S.C. § 1404(a). The purpose of § 1404(a) is to avoid the waste of time, energy and money and, in addition, to safe guard litigants, witnesses and the public against avoidable inconvenience and expense. See Ricoh Co. Ltd v. Honeywell, Inc. (“Honeywell”), 817 F.Supp. 473 (D.N.J.1993); American Tel. & Tel. Co. v. MCI Communications Corp., 736 F.Supp. 1294, 1305 (D.N.J.1990). As a preliminary matter, it must be determined that the transferee venue is one in which the case “might have been brought.” See 28 U.S.C. § 1404(a); American Tel. & Tel. Co., 736 F.Supp. at 1305. The terms of § 1404(a) set forth three factors to consider when determining whether to transfer a matter: (1) the convenience of the parties, (2) the convenience of the witnesses, and (3) the interests of justice. See 28 U.S.C. § 1404(a); Jumara, 55 F.3d at 879; Hudson United Bank v. Chase Manhattan Bank of Conn., NA, 832 F.Supp. 881, 887 (D.N.J.1993), aff'd, 43 F.3d 843 (3d Cir.1994); Honeywell, 817 F.Supp. at 479. The transfer analysis, however, should not be limited to these three factors. Rather, the decision to transfer must incorporate “all relevant factors to determine whether on balance the litigation would more conveniently proceed and the interests of justice be better served by transfer to a different forum.” Jumara, 55 F.3d at 879 (citation omitted); Hudson United Bank, 832 F.Supp. at 888. Transfer analysis under § 1404 is a flexible and individualized analysis and must be made on the unique facts presented in each case. See Piper Aircraft Co. v. Reyno, 454 U.S. 235, 249-250, 102 S.Ct. 252, 70 L.Ed.2d 419 (1981), reh’g denied, 455 U.S. 928, 102 S.Ct. 1296, 71 L.Ed.2d 474 (1982). A determination that transfer to another jurisdiction is appropriate represents an “ ‘exercise[ ] of structured discretion by trial judges appraising the practical inconveniences posed to the litigants and the court should a particular action be litigated in one forum rather than another.’” Honeywell, 817 F.Supp. at 479 (quoting Lony v. E.I. Du Pont de Nemours & Co., 886 F.2d 628, 632 (3d Cir.1989) (hereinafter “Lony I”) (quoting Pain v. United Tech. Corp., 637 F.2d 775, 781 (D.C.Cir.1980), cert. denied, 454 U.S. 1128, 102 S.Ct. 980, 71 L.Ed.2d 116 (1981)). There is no rigid rule governing a court’s determination; ‘“[e]ach case turns on its facts.’” Lacey v. Cessna Aircraft Co., 862 F.2d 38, 43 (3d Cir.1988) (“Lacey I”). Added to those factors are the “interests of justice” and the impact on judicial administration of maintaining related actions in separate fora. See Honeywell, 817 F.Supp. at 479. In Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 67 S.Ct. 839, 91 L.Ed. 1055 (1947), the Supreme Court listed various factors which should be considered when deciding if a certain action should be transferred. These factors fall into two broad categories. The first includes factors relating to the “private interests” of the parties in the context of the litigation. The types of private interests may include the choice of forum of the plaintiff, the ease of access to sources of proof, availability of compulsory process over unwilling witnesses, the cost of attendance of willing witnesses, obstacles to a fair trial and the possibility of a jury view of the premises. See Gulf Oil, 330 U.S. at 508, 67 S.Ct. 839; Fortay v. University of Miami, No. 93-3443, 1994 WL 62319, at *8 (D.N.J. Feb.17, 1994); American Tel. & Tel., 736 F.Supp. at 1306. Other private interests may include the preference of the defendant, whether the claim arose elsewhere, and the location of books and records. See Jumara, 55 F.3d at 879; Fortay, 1994 WL 62319, at *8. The second category consists of the “public interest” in the administration of courts and the adjudication of cases. Public interests include court congestion and other administrative difficulties, placing the burden of jury duty on those having the closest ties to the action, local interest in having a matter adjudicated at home and familiarity of the fornm court with the applicable law. See Gulf Oil, 330 U.S. at 508-09, 67 S.Ct. 839; Jumara, 55 F.3d at 879; Fortay, 1994 WL 62319, at *8; American Tel. & Tel., 736 F.Supp. at 1307. The moving party has the burden of persuasion on a motion to transfer. See Jumara, 55 F.3d at 879; Lony II, 935 F.2d at 609; Lony I, 886 F.2d at 633; Lacey I, 862 F.2d at 44; Tranor v. Brown, 913 F.Supp. 388, 391 (E.D.Pa.1996); Fortay, 1994 WL 62319, at *8; Honeywell, 817 F.Supp. at 480. The burden is not on the plaintiff to show the proposed alternative forum is inadequate. See Honeywell, 817 F.Supp. at 480; American Tel. & Tel., 736 F.Supp. at 1305. Rather, the burden is on the moving party to show the proposed alternative forum is not only adequate, but also more convenient than the present forum. See Jumara, 55 F.3d at 879; Lacey I, 862 F.2d at 43-44; Honeywell, 817 F.Supp. at 480. Generally, a moving party must submit “ ‘adequate data of record’” to facilitate the analysis. See Fortay, 1994 WL 62319, at *2 (quoting Honeywell, 817 F.Supp. at 480). A “district court is required to develop adequate facts to support its decision and to articulate specific reasons for its conclusion” that transfer to another venue is appropriate. See Lacey I, 862 F.2d at 39; see also Hudson United Bank, 832 F.Supp. at 888; Honeywell, 817 F.Supp. at 480. The moving party must submit sufficient information in the record to facilitate the appropriate analysis and to meet its burden of persuasion. See Piper, 454 U.S. at 258, 102 S.Ct. 252; Fortay, 1994 WL 62319, at *2 (quoting Honeywell, 817 F.Supp. at 480). This inquiry does not necessarily require extensive investigation. See Van Cauwenberghe v. Biard, 486 U.S. 517, 529, 108 S.Ct. 1945, 100 L.Ed.2d 517 (1988). The inquiry into the interests of the parties may be resolved by an examination of the affidavits submitted in the matter. See id.; Lacey I, 862 F.2d at 44; Honeywell, 817 F.Supp. at 480; see also Fortay, 1994 WL 62319, at *2. From that basis, the contentions of the plaintiff and the relevant private and public interests must be eonsidered and balanced. See Hudson United Bank, 832 F.Supp. at 888. A defendant seeking a transfer must also establish an adequate alternative forum exists for the dispute. See Lacey I, 862 F.2d at 43. “Ordinarily, this requirement will be satisfied when the defendant is ‘amenable to process’ in the other jurisdiction,” unless “the remedy offered by the other forum is clearly unsatisfactory.” Piper, 454 U.S. at 254 n. 22, 102 S.Ct. 252. 1. Private Interests The primary private interests in this action are the original choice of forum by Rappo-port and the convenience of the available districts with regard to the sources of proof, namely the witnesses and documentary evidence. a. Choice of Forum In the Third Circuit, the choice of forum by a plaintiff is normally a “paramount concern” in deciding a motion to transfer venue. See Honeywell, 817 F.Supp. at 480; see also Shore Slurry Seal, Inc. v. CMI Corp., 964 F.Supp. 152, 156 (D.N.J.1997) (stating choice of proper forum by plaintiff is “paramount consideration” in a transfer analysis); Newcomb v. Daniels, Saltz, Mongeluzzi & Barrett, Ltd., 847 F.Supp. 1244, 1246 (D.N.J.1994) (discussing choice of forum by plaintiff is accorded “significant weight”). The choice is “entitled to greater deference” when a plaintiff chooses its home forum. See Honeywell, 817 F.Supp. at 480. Indeed, “unless the balance is strongly tipped in favor of the defendant, the plaintiffs choice of forum should not be disturbed.” Gulf Oil, 330 U.S. at 508, 67 S.Ct. 839; Honeywell, 817 F.Supp. at 480 (quotation omitted); see also Lony II, 935 F.2d at 609; Lacey I, 862 F.2d at 44. The forum chosen by a plaintiff is considered to be presumptively correct. See Lacey I, 862 F.2d at 45; Hudson United Bank, 832 F.Supp. at 888; Honeywell, 817 F.Supp. at 480; Mediterranean Golf, 783 F.Supp. at 842. This presumption, however, is not dispositive. See American Tel. & Tel., 736 F.Supp. at 1306. The choice of forum by a plaintiff is not the only factor to be considered in a transfer analysis. See Honeywell, 817 F.Supp. at 480; American Tel. & Tel., 736 F.Supp. at 1306. It is simply a preference; it is not a right. See Honeywell, 817 F.Supp. at 480; American Tel. & Tel. Co., 736 F.Supp. at 1306. In certain circumstances, a choice of forum by a plaintiff is afforded less weight. One situation where deference is curbed is when a the choice of forum by a plaintiff has little connection with the operative facts of the lawsuit. See Newcomb, 847 F.Supp. at 1246; Honeywell, 817 F.Supp. at 481 (stating “[w]hen the central facts of a lawsuit occur outside the forum state, a plaintiffs section of that forum is entitled to less deference.”); see also National Micrographics Sys. v. Canon U.S.A., 825 F.Supp. 671, 681 (D.N.J.1993); American Tel. & Tel., 736 F.Supp. at 1306. As mentioned above, New Jersey has no connection with the operative facts of the lawsuit. Accordingly, the original choice of this forum by Rappoport is accorded little weight. More importantly, the decision by Rappoport to move to transfer the action to the District of Oregon undermines any weight to his initial choice of forum. Rappo-port is now in the same position as the Defendants who have moved to transfer the action. The issue is no longer whether to transfer; rather, the issue is where to transfer this action or the discrete portions of this action. b. Access to Proof The second relevant factor under the private interest analysis is the convenience of the witnesses and the evidence of both parties to the available districts. The Supreme Court has stated: To examine ‘the relative ease of access to sources of proof and the availability of witnesses, the district court must scrutinize the substance of the dispute between the parties to evaluate what proof is required, and determine whether the pieces of the evidence cited by the parties are critical, or even relevant, to the plaintiffs cause of action and to any potential defenses to the action. Van Cauwenberghe, 486 U.S. at 528, 108 S.Ct. 1945 (quoting Gulf Oil, 330 U.S. at 508, 67 S.Ct. 839). None of the parties, including Rappoport, has suggested that the trial of the action in this District will be more convenient for the parties or will provide them with better access to the sources of proof. Accordingly, each party must demonstrate its proposed alternative forum is more convenient for the witnesses and that access to proof is available in the transferee district. 2. Public Interest The public interest factors relevant to a determination of the propriety of transfer include the administrative difficulties flowing from court congestion; the “local interest in having localized controversies decided at home;” the interest in having a trial of a diversity case in a forum that is at home with the law that must govern the action; the avoidance of unnecessary problems and conflicts of laws or the application of foreign law; and the unfairness of burdening citizens in an unrelated forum with jury duty. Lony I, 886 F.2d at 640 (quoting Piper 454 U.S. at 241 n. 6, 102 S.Ct. 252). Evaluation of the public interest factors include consideration of “the locus of the alleged culpable conduct ... and the connection of the conduct to plaintiffs chosen forum.” Lacey I, 862 F.2d at 48 (quoting Van Cauwenberghe, 486 U.S. at 529, 108 S.Ct. 1945); see also Lony II 935 F.2d at 612. a. Local Interests The actions of the Defendants allegedly giving rise to the instant litigation occurred in other venues. See Amended Complaint at ¶¶ 16, 201-02. None of the acts resulting in the commencement of the instant matter appear to have transpired in New Jersey. Besides the fact that Rappoport and at least one defendant (Nabisco) are residents of New Jersey and certain defendants do business within this state, there appears to be no connection with New Jersey. This minimal asserted connection with New Jersey does not impact the transfer analysis. See Kirschner Bros. Oil, Inc. v. Pannill, 697 F.Supp. 804, 807 (D.Del.1988) (“[T]he incorporation of some of the [defendants in Delaware is of little consequence” in determining whether to transfer venue.) Accordingly, it appears a jurisdiction other than New Jersey has a stronger public interest in adjudicating this dispute. See Lacey I, 862 F.2d at 48; Honeywell, 817 F.Supp. at 486; Mediterranean Golf, 783 F.Supp. at 849-50. Which jurisdiction has a stronger public interest in adjudicating this dispute is addressed below. b. Burden of Jury Duty The burden of jury duty “ ‘ought not to be imposed upon the people of a community which has no relation to the litigation.’” Honeywell, 817 F.Supp. at 486 (quoting Ferens v. John Deere Co., 494 U.S. 516, 529-30, 110 S.Ct. 1274, 108 L.Ed.2d 443 (1990) (citing Gulf Oil, 330 U.S. at 508-09, 67 S.Ct. 839)). Rappoport has made a demand for a jury trial in the instant matter. See Civil Cover Sheet. New Jersey jurors should not be burdened with adjudicating a matter concerning alleged conduct which has virtually no connection with New Jersey. See Pain, 637 F.2d at 792 (stating jury duty should not be imposed, nor local dockets clogged by, cases with little relation to jurisdiction). Accordingly, this factor, as well, weighs in favor of the transfer of the action to another district. c. Applicable Law An important public interest factor is the desire to have the case tried before judges familiar with the applicable law. See Hudson United Bank, 832 F.Supp. at 888. Most of the claims by Rappoport involve federal law, namely copyright infringement, RICO, and false designation of origin. As such, this consideration has little impact upon the transfer analysis. The applicable law has yet to be determined in connection with the state law causes of action. d.Interests of Justice Another significant criteria in determining the advisability of transfer is whether transfer would promote the interests of justice. See Jumara, 55 F.3d at 878-880; Honeywell, 817 F.Supp. at 487. As mentioned above, and is explained below, the severance and transfer, of the action will promote the interests of justice. E. The Individual Motions 1. The Rappoport Motion to Transfer to the District of Oregon The Rappoport Motion to Transfer seeks to transfer the entire action to the District of Oregon pursuant to § 1404(a) and/or § 1406(a). A plaintiff seeking to transfer the venue of an action pursuant to § 1404 typically must demonstrate a change in circumstance that has occurred since the filing of the action which warrants a change of venue. See Jennings v. Entre Computer Centers, Inc., 660 F.Supp. 712, 715 (D.Me.1987); Cremin v. Canadian National Railway Corp., No. 84-8770, 1986 WL 4065, at *3 (S.D.N.Y. Apr. 3, 1986); Fothergill v. Parker, No. 83-963, 1984 U.S.Dist. LEXIS 16285, at *6 (D.Mass. May 30, 1984); James v. Daley & Lewis, 406 F.Supp. 645, 648 (D.Del.1976); Harry Rich Corp. v. Curtiss-Wright Corp., 308 F.Supp. 1114, 1118 (S.D.N.Y.1969); Roberts Bros., Inc. v. Kurtz Bros., 231 F.Supp. 163, 167 (D.N.J.1964); Leyden v. Excello Corp., 188 F.Supp. 396, 397 (D.N.J.1960). Rappoport has offered little in support of his motion to suggest that relevant information regarding the proper venue for this action was not known to him or easily ascertainable by him at the time the Complaint and the Amended Complaint were filed. Rappoport states that he is moving to transfer the entire action to the District of Oregon at this time for the following reasons: [I]n consideration of the briefs filed by opposing counsel, the jurisdictional concerns raised by this Court at the first scheduling conference on March 6, a review of the relevant statutes concerning jurisdiction and venue, and a careful consideration of the relevant factors in this particular case, all render a transfer of venue to Oregon the plaintiffs only likely viable option for having his claims heard on the merits in a single forum. Rappoport Moving Brief at 1. Rappoport did not suggest that any circumstances have changed since the time he filed the Complaint, other than the fact he has become more familiar with the applicable law. See Rappoport Reply Brief. Extending the benefit of the most favorable review, the Rappo-port Motion to Transfer is denied in part on the basis that Rappoport has failed to submit sufficient proof to justify transferring the entire action to the District of Oregon. For example, unlike many of the Defendants, Rappoport did not submit any affidavits in support of his motion. As mentioned, the moving party has the burden of persuasion on a motion to transfer. See Jumara, 55 F.3d at 879; Lony II, 935 F.2d at 609; Lony I, 886 F.2d at 633; Lacey I, 862 F.2d at 44; Tranor v. Brown, 913 F.Supp. 388, 391 (E.D.Pa.1996); Fortay, 1994 WL 62319, at *8; Honeywell, 817 F.Supp. at 480. Despite having this burden, Rappoport argues most of the Defendants have not asserted they are not subject to jurisdiction in Oregon. See Rappoport Reply Brief at 2. It is the burden of Rappoport to demonstrate all of the Defendants are subject to jurisdiction in Oregon, not the burden of the Defendants to demonstrate they are not subject to jurisdiction there. See Jumara, 55 F.3d at 879; Lony II, 935 F.2d at 609; Lony I, 886 F.2d at 633; Lacey I, 862 F.2d at 44; Tranor v. Brown, 913 F.Supp. 388, 391 (E.D.Pa.1996); Fortay, 1994 WL 62319, at *8; Honeywell, 817 F.Supp. at 480. Rappoport also failed to submit sufficient evidence, indeed, any evidence, to establish that it will be more convenient for all parties involved to have the action adjudicated in the District of Oregon. For example, he asserts, in eonclusory fashion: [The] transfer of this case to the District of Oregon would in no way be prejudicial to the defendants. Any possible defects alleged by any of the defendants, such as a lack of personal jurisdiction, improper venue, or insufficiency of service, are in this case, most appropriately cured through transfer.... All of the potential non-party witnesses ... are likely to be found in Oregon. None are in New Jersey, New York, Georgia or Texas.... Oregon would obviously be most cost-effective from the standpoint of the witnesses. Rappoport Moving Brief at 1, 2, 5, 7. Such eonclusory allegations are usually insufficient to support or to defeat a motion to transfer. See Honeywell, 817 F.Supp. at 480; American Tel. & Tel., 736 F.Supp. at 1305; Hudson United Bank, 832 F.Supp. at 888; Staats v. Robinson Helicopter Co., No. 88-3601, 1989 WL 16071, at *2 (D.N.J. Feb. 22, 1989). Rappoport has also failed to directly respond to the assertions by some of the Defendants that other fora are more convenient for the adjudication of his claims. For these reasons, the Rappoport Motion to Transfer is denied in part. See, e.g., Honeywell, 817 F.Supp. at 484 (granting motion to transfer venue where party opposing transfer “failed to submit by affidavit” the “names of ... witnesses, the employment positions and responsibilities of those witnesses or the proposed testimony those witnesses would provide.”). 2. The Motions to Transfer to the Southern District of New York ' The Movie Defendants, CBS, Hill, Coca-Cola and Tropicana have all moved to sever the claims asserted against them and to transfer such claims to the Southern District of New York in accordance with § 1404(a). CBS, Hill, Coca-Cola and Tropicana have submitted briefs which essentially adopt the arguments set forth in the briefs submitted by the Movie Defendants. As such, the Movie Defendants Motion to Transfer is addressed first. a. The Movie Defendants Based upon the affidavits submitted in connection with the Movie Defendants Motion to Transfer, it appears each of the Movie Defendants is subject to jurisdiction, or has consented to jurisdiction, in New York. See Hirsch Certif.; Wales Certif.; Epstein Certif.; Render Certif.; Hartman Certif.; Marks Certif. I; Springer Certif.; Morgan Certif.; Biber Certif.; Daniels Certif.; Wooster Certif. Moreover, as mentioned, it appears a substantial portion of the alleged acts giving rise to the claims against the Movie Defendants took place in New York when Pastor allegedly misappropriated the work of Rappoport. As such, the claims against the Movie Defendants originally could have been brought in the Southern District of New York in accordance with § 1391(b). It also appears the Southern District of New York is a more convenient forum to litigate the claims against the Movie Defendants. From a review of the affidavits submitted by the Movie Defendants, it appears the individuals whom the Movie Defendants are likely to call as witnesses at trial are either based in New York or have significant operations there. See Hirsch Certif.; Wales Certif.; Epstein Certif.; Render Certif.; Hartman Certif.; Marks Certif. I; Springer Certif.; Morgan Certif.; Biber Certif.; Daniels Certif.; Wooster Certif. Because many of the Movie Defendants maintain offices in New York, it will be less disruptive for their employees to appear at trial in the Southern District of New York where they conduct business and where they can continue' to perform their day-to-day responsibilities. Importantly, a central figure in this case, Pastor, is a non-party witness. He is a New York resident, and beyond the subpoena power of the District of Oregon. See, e.g., National Property Investors VIII v. Shell Oil Co., 917 F.Supp. 324, 328 (D.N.J.1995). “The amenability of potential witnesses to compulsory process is a factor a Court weighs in a Section 1404(a) analysis.” Id. Transferring the claims against the Movie Defendants to the Southern District of New York will, if necessary, place Pastor within the subpoena power of that court. It also appears the ease of access to sources of proof will be served by transferring the claims against the Movie Defendants to the Southern District of New York. Many relevant documents are likely to be located in New York. In addition, the Movie Defendants have agreed to produce in New York those items which are not located in New York. See Hirsch Certif.; Wales Certif.; Epstein Certif.; Render Certif.; Hartman Cer-tif.; Marks Certif. I; Springer Certif.; Morgan Certif.; Biber Certif.; Daniels Certif.; Wooster Certif. Such agreement by the Movie Defendants will lessen the expenses Rappoport need incur in litigating his claims. The public interests also favor a transfer of the claims against the Movie Defendants to the Southern District of New York. It appears many of non-copyright claims alleged by Rappoport arise out o