Full opinion text
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS ON FORUM NON CONVENIENS GROUNDS MORROW, District Judge. On May 25, 2002, China Airlines flight CI611 crashed while en route from Taipei, Taiwan, to Hong Kong, resulting in the death of all 225 persons aboard. Heirs of 124 of the decedents have filed actions pending in this court against defendants Boeing Company and China Airlines. Both defendants move to dismiss all but three of these actions on forum non conve-niens grounds. I. FACTUAL BACKGROUND On May 25, 2002, China Airlines flight CI611, a regularly scheduled flight from Taipei, Taiwan to Hong Kong, China, crashed into Taiwanese waters. All 225 persons on board died in the crash. Heirs of 121 of the decedents filed actions that are pending in this court, and that are the subject of defendants’ motion to dismiss. Of these decedents, 111 were Taiwanese. The aircraft involved in the accident was a Boeing 747-200 aircraft, registration B18255. China Airlines, a Taiwanese corporation, purchased the aircraft from defendant Boeing Company in 1979. Plaintiffs’ complaints state claims against Boeing and China Airlines for, inter alia, wrongful death, negligence, and strict products liability. Both defendants seek dismissal on forum non conveniens grounds. They contend that Taiwan is an available and adequate forum, and that the balance of public and private interests weighs in favor of having the action tried in the Taiwan courts. II. DISCUSSION A. Legal Standard Governing Forum Non Conveniens Dismissals “[T]he standard to be applied [to a motion to dismiss on forum non conveniens grounds] is whether ... defendants have made a clear showing of facts which ... establish such oppression and vexation of a defendant as to be out of proportion to plaintiffs convenience, which may be shown to be slight or nonexistent....” Cheng v. Boeing Co., 708 F.2d 1406, 1410 (9th Cir.1983). Applying this standard, courts treat “forum non conveniens as an exceptional tool to be employed sparingly,” and should not “perceive it as a doctrine that compels plaintiffs to choose the optimal forum for their claim.” Ravelo Monegro v. Rosa, 211 F.3d 509, 514 (9th Cir.2000), cert. denied, 531 U.S. 1112, 121 S.Ct. 857, 148 L.Ed.2d 771 (2001). To obtain' dismissal on forum non conveniens grounds, a defendant must demonstrate that an adequate alternative forum exists, and that private and public interest factors favor trial there. See Piper Aircraft Co. v. Reyno, 454 U.S. 235, 254, 102 S.Ct. 252, 70 L.Ed.2d 419 (1981); Lueck v. Sundstrand Corp., 236 F.3d 1137, 1143 (9th Cir.2001); Jones v. GNC Franchising, Inc., 211 F.3d 495, 499 n. 22 (9th Cir.2000). Relevant “private interests” include: (1) the relative ease of access to sources of proof; (2) the availability of compulsory process for unwilling witnesses; (3) the comparative cost of obtaining willing witnesses; (4) the possibility of a view of any affected premises; (5) the ability to enforce any judgment eventually obtained; (6) and “all other practical problems that make trial of a case easy, expeditious and inexpensive.” Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508, 67 S.Ct. 839, 91 L.Ed. 1055 (1947), superseded by statute on other grounds as recognized in Hartford Fire Ins. Co. v. Westinghouse. Elec. Corp., 725 F.Supp. 317 (S.D.Miss.1989); see also Rosa, supra, 211 F.3d at 512; Nebenzahl v. Credit Suisse, 705 F.2d 1139, 1140 (9th Cir.1983). “Public interest factors,” by contrast, include: (1) court congestion; (2) the unfairness of burdening citizens in an unrelated forum with jury duty; (3) the interest in having localized controversies decided at home; (4) the interest in trying the case in a forum familiar with the applicable law; and (5) the interest in avoiding unnecessary conflicts of laws. Gilbert, supra, 330 U.S. at 508-09, 67 S.Ct. 839; Rosa, supra, 211 F.3d at 512. Defendant bears the burden of showing, in light of these factors, that “exceptional circumstances” warrant dismissal on forum non conveniens grounds. See Ioannidis/Riga v. M/V Sea Concert, 132 F.Supp.2d 847, 861 (D.Or.2001); Magellan Real Estate, Investment Trust v. Losch, 109 F.Supp.2d 1144, 1148 (D.Ariz.2000). Ultimately, the determination is one that is committed to the sound discretion of the district court. Lueck, supra, 236 F.3d at 1143. 1. Whether Taiwan Is An Adequate Forum To demonstrate that Taiwan is an adequate forum, defendants must show that “(1) they are amenable to process [there], and (2) [that] the subject matter of the lawsuit is cognizable [there] so as to provide plaintiff appropriate redress.” Bodner v. Banque Paribas, 114 F.Supp.2d 117, 132 (E.D.N.Y.2000); see also Piper, supra, 454 U.S. at 254 n. 22, 102 S.Ct. 252; AAR International, Inc. v. Nimelias Enterprises SA, 250 F.3d 510, 524 (7th Cir.2001) (“The court must first determine that an adequate alternative forum is available to hear the case, meaning that all parties are within the jurisdiction of the alternative forum and amenable to process there, and that the parties would not be treated unfairly or deprived of all remedies if the case were litigated in the alternative forum”); Aguinda v. Texaco, Inc., 142 F.Supp.2d 534, 539 (S.D.N.Y.2001) (“The requirement of an adequate alternative forum ‘ordinarily ... will be satisfied when the defendant is “amenable to process” in the other jurisdiction’ ”), aff'd. as modified, 303 F.3d 470 (2d Cir.2002). a. Defendants Are Subject To The Jurisdiction Of The Taiwan Courts And Amenable To Process There The parties do not dispute that Taiwan courts will be able to assert personal jurisdiction over China Airlines, and China Airlines has stated that it is amenable to process in Taiwan. This satisfies the first prong of the adequate alternative forum test as respects China Airlines. See Aguinda, supra, 142 F.Supp.2d at 539. Boeing has stated that it will accept service of process and submit to the jurisdiction of the Taiwanese courts. Plaintiffs nonetheless contend “there are serious questions as to whether jurisdiction would exist” over claims asserted against Boeing. Specifically, they note that Boeing is not authorized to do business in Taiwan; that it does not have a principal place of business in Taiwan; that the crash occurred outside Taiwan’s territorial waters; and that they allege product liability claims arising from conduct that occurred in the United States. In response, defendants submit declarations and deposition testimony indicating that Taiwanese courts have jurisdiction over claims if they have either subject matter jurisdiction over the claim or personal jurisdiction over the defendant. They also proffer evidence that, as respects plaintiffs’ claims against Boeing, Taiwanese courts may have both types of jurisdiction. Defendants cite the deposition testimony of plaintiffs’ experts, both of whom state that under Article 25 of Taiwan’s Code of Civil Procedure, Taiwanese courts will accept a defendant’s consent to jurisdiction. Boeing has represented that it will consent to the jurisdiction of a Taiwan court if these actions are dismissed on forum non conveniens grounds. Additionally, defendants adduce evidence that the crash of flight CI611 occurred in Taiwanese territorial waters. Because Taiwanese courts have subject matter jurisdiction over an action if either a wrongful act occurred in Taiwan or such an act caused a result in Taiwan, it appears that the Taiwanese courts would have subject matter jurisdiction over claims against Boeing arising out of the crash. Finally, defendants proffer evidence that Taiwanese courts can assert subject matter jurisdiction over claims that a defendant’s acts caused or contributed to damage to Taiwanese plaintiffs in Taiwan. This evidence, coupled with the fact that China Airlines is subject to personal jurisdiction in Taiwan because it is a resident, suffices to satisfy the first prong of the adequate alternative forum test. See Aguinda, supra, 142 F.Supp.2d at 539. b. Whether Plaintiffs’ Claims Are Cognizable In Taiwan To demonstrate that plaintiffs’ claims are cognizable in Taiwan’s courts, such that those courts can afford appropriate redress, defendants must establish that Taiwan permits litigation of the subject matter of the dispute, that it provides adequate procedural safeguards, and that the remedy available there is not so inadequate as to amount to no remedy at all. See Piper, supra, 454 U.S. at 255 n. 22, 102 S.Ct. 252 (“dismissal would not be appropriate where the alternative forum does not permit litigation of the subject matter of the dispute”); Lueck, supra, 236 F.3d at 1143 (“The foreign forum must provide the plaintiff with some remedy for his wrong in order for the alternative forum to be adequate.... However, it is only in ‘rare circumstances ... where the remedy provided by the alternative forum ... is so clearly inadequate or unsatisfactory, that it is no remedy at all,’ that this requirement is not met,” quoting Lockman Foundation v. Evangelical Alliance Mission, 930 F.2d 764, 768 (9th Cir.1991)); Ceramic Corp. of America v. Inka Maritime Corp., 1 F.3d 947, 949 (9th Cir.1993) (“Even where the defendant is amenable to process in the alternative forum, however, there may be ‘rare circumstances’ in which the ‘remedy provided by the alternative forum is so clearly inadequate or unsatisfactory that it is no remedy at all,’ ” quoting Piper, supra, 454 U.S. at 254 n. 10, 102 S.Ct. 252). (i.) Taiwan Permits Litigation Of The Subject Matter Of The Claims And Provides An Adequate Remedy Defendants have submitted declarations showing that Taiwan permits litigation of the subject matter of plaintiffs’ claims, which sound in tort. Taiwan is a civil law jurisdiction, and the causes of action available to plaintiffs are based on Taiwan’s Civil Code, Civil Aviation Act, and other relevant laws and regulations. Plaintiffs may assert claims against both China Airlines and Boeing under Article 184 of the Civil Code, which provides a cause of action for the negligent or wrongful act of a defendant. They may also pursue claims against China Airlines under the Civil Aviation Act, which renders China Airlines strictly liable for death or injury to a passenger. If plaintiffs prevailed on these claims, they would have various remedies available to them. Defendants’ experts opine that plaintiffs could recover both pecuniary and non-pecuniary damages under Taiwan’s Civil Code. Specifically, a defendant responsible for the wrongful death of another is liable for medical expenses, funeral expenses, and any support and maintenance the decedent was legally obligated to provide to a third party. Non-pecuniary damages, including damages for mental suffering, are also available. Declarations such as those defendants have proffered are generally considered sufficient evidence of the adequacy of an alternative forum’s law and remedies. See Mercier v. Sheraton International, Inc., 981 F.2d 1345, 1352 (1st Cir.1992) (citing Lockman Foundation, supra, 930 F.2d at 768, for the proposition that “moving party may demonstrate [the] adequacy of [the] alternative forum’s law through [the] affidavits and declarations of experts”). Plaintiffs contend that the products liability claims asserted against Boeing are not available in Taiwan, and defendants appear to concede the point. Defendants assert, however, that the lack of such a remedy is not determinative. The court agrees. In Piper, supra, the Supreme Court noted that plaintiffs’ inability to assert a strict liability claim in the foreign forum did not deprive them of a remedy: “[a]lthough the relatives of the decedents may not be able to rely on a strict liability theory, and although their potential damages award may be smaller, there is no danger that they will be deprived of any remedy or treated unfairly.” Piper, supra, 454 U.S. at 255, 102 S.Ct. 252; see also Gonzalez v. Chrysler Corp., 301 F.3d 377, 381 (5th Cir.2002) (noting that in Piper, “the Supreme Court held that Scotland’s failure to recognize strict liability did not render Scotland an inadequate alternative forum,” and concluding that “[t]here is no basis to distinguish the absence of a strict products liability cause of action under Mexican law from that of Scotland. Piper Aircraft therefore controls [, and] we hold that the failure of Mexican law to allow for strict liability on the facts of this case does not render Mexico an inadequate forum”); In re Bridgestone/Firestone, Inc., 190 F.Supp.2d 1125, 1132-33 (S.D.Ind.2002) (“[t]he absence of strict liability does not render a foreign court inadequate”); Warn v. M/Y Maridome, 961 F.Supp. 1357, 1376 (S.D.Cal.1997) (“[t]he unavailability of strict products liability does not make the Greek courts an inadequate forum”); see generally Lueck, supra, 236 F.3d at 1143— 45 (holding that New Zealand was an adequate forum, despite the fact that plaintiffs could not maintain their tort claims there, because New Zealand’s no-fault accident compensation scheme offered a remedy for plaintiffs’ losses). Plaintiffs also contend that Taiwan provides no remedy for plaintiffs asserting multiple generation claims. Specifically, they assert that the Taiwan Civil Code “providefs] no remedy for the deaths of grandchildren and grandparents.” In their depositions, however, plaintiffs’ experts conceded that multiple generation plaintiffs would likely have some cause of action should the case proceed in Taiwan. Based on the evidence submitted, and bearing in mind the Ninth Circuit’s admonition that it will be the rare case in which “the remedy provided by the alternative forum ... is so clearly inadequate or unsatisfactory[ ] that it is no remedy at all” (Lueck, supra, 286 F.3d at 1143), the court concludes that defendants have demonstrated that Taiwan will permit litigation of plaintiffs’ claims and provide an adequate remedy for them. (ii.) Taiwan Provides Adequate Procedural Safeguards To establish that Taiwan is an adequate forum, defendants must also show that it affords procedural safeguards to litigants. Defendants have proffered declarations stating that Taiwan courts have the power to compel witnesses to testify and give evidence; to take evidence from expert witnesses and order their own investigation of the case; and to compel the parties to produce documents for the court’s consideration. Parties may request that the court compel the production of evidence, and if a party is dissatisfied with the judgment of the trial court, he or she has the right to an appeal. Defendant’s experts opine that Taiwanese law does not expressly prohibit contingency fee contracts, and note that under Taiwan’s Code of Civil Procedure, a plaintiff may petition for temporary exemption from filing fees. Plaintiffs counter that the procedural safeguards available in Taiwan are inadequate. They concede that Taiwanese courts afford parties relief from filing fees in certain cases. They contend, however, that the Taiwan Civil Code does not permit the retention of counsel on a true contingent fee basis. Specifically, plaintiffs assert that Taiwan’s Ethical Norms for Attorneys allow only for the deferral of unpaid attorneys’ fees, and that there is no provision for fees that are contingent upon the outcome of the proceedings. As a consequence, they maintain, plaintiffs will remain responsible for the payment of agreed-upon attorneys’ fees. Should plaintiffs fail to prove their claims, moreover, they may be held personally liable for defendants’ litigation costs. Plaintiffs contend that these requirements will impede their ability to proceed in Taiwan. Plaintiffs also note that while Taiwan courts have the power to subpoena witnesses and compel limited discovery during trial, parties “in actions such as these which are prosecuted in the Taiwan courts do not have the right or ability to conduct any pre-trial discovery.” Specifically, they contend, parties do not have the right to propound interrogatories, requests for admission, or document requests, nor to take pretrial depositions. Plaintiffs’ arguments regarding the availability of contingency fee contracts and pretrial discovery, as well as their concerns regarding filing fees, do not warrant a finding that Taiwan’s procedural safeguards are inadequate for forum non conveniens purposes. See Satz v. McDonnell Douglas Corp., 244 F.3d 1279, 1283 (11th Cir.2001) (“The plaintiffs’ concerns about Argentine filing fees, the lack of discovery in Argentine courts, and their fear of delays in the Argentine courts do not render Argentina an inadequate forum. ‘[S]ome inconvenience or the unavailability of beneficial litigation procedures similar to those available in the federal district courts does not render an alternative forum inadequate,’ ” quoting Borden, Inc. v. Meiji Milk Prods. Co., 919 F.2d 822, 829 (2d Cir.1990)); Magnin v. Teledyne Continental Motors, 91 F.3d 1424, 1430 (11th Cir.1996) (“Magnin also points out, almost in passing, that if the case is tried in France he will not receive a jury trial, nor will he be able to obtain counsel through a contingency fee arrangement, because such fee arrangements are not permitted in France. As cherished as trial by jury is in our law, and as cherished as contingency fee arrangements have become to some plaintiffs and their attorneys, Magnin has not cited us to any Supreme Court or court of appeals decision giving such considerations substantial weight in forum non conveniens analysis. The argument is particularly weak in regard to contingency fees. In Coakes v. Arabian American Oil Co., 831 F.2d 572, 576 (5th Cir.1987), the Fifth Circuit held that the ban against contingency fees in England should not significantly influence the forum non con-veniens determination”); Cheng, supra, 708 F.2d at 1411 (affirming the district court’s conclusion that Taiwan was an adequate forum and, in particular, the court’s findings that “a Taiwan court would have jurisdiction over these cases; that the requirement of a filing fee, although a burden, was not sufficient to deny plaintiffs access to a Taiwanese court, particularly since they did not show that the burden was oppressive; and that Taiwan courts were fully competent to decide questions of American law, assuming American law to apply”); Pavlov v. Bank of New York Co., Inc., 135 F.Supp.2d 426, 434-35 (S.D.N.Y.2001) (noting that “plaintiffs complain that Russian civil procedure does not provide for ‘meaningful’ pretrial discovery,” and stating that “the requirement of an adequate alternative forum requires only that some remedy exist there, not that it be equivalent to that available here. In consequence, the unavailability of pretrial discovery — a characteristic that Russian civil procedure, as one of plaintiffs’ experts admits, shares with ‘many civil code jurisdictions’ — does not render the forum inadequate”), vacated on other grounds, 25 Fed.Appx. 70, 2002 WL 68576 (2d Cir.2002); Marra v. Papandreou, 59 F.Supp.2d 65, 78-74 (D.D.C.1999) (stating that “[a] foreign forum is not inadequate because of asserted deficiencies in its discovery rules generally or its documentary discovery rules in particular. Nor is a foreign forum rendered inadequate because it offers little or no opportunity for depositions,” and further noting that “[fjederal courts around the country overwhelmingly agree that a foreign forum’s restrictive discovery or procedural rules do. not render that forum inadequate”); Stewart v. Adidas AG., No. 96 Civ. 6670(DLC), 1997 WL 218431, *8 (S.D.N.Y. Apr. 30, 1997) (“the Second Circuit has specifically noted that the unavailability of contingency fee arrangements in an alternative forum may not be sufficient to preclude dismissal on forum non conveniens grounds”); Kristoff v. Otis Elevator Co., No. CIV. A. 96-4123, 1997 WL 67797, *2 (E.D.Pa. Feb. 14, 1997) (“The majority of courts reviewing plaintiffs ability to litigate in the foreign forum consider the absence of a contingency fee arrangement one of the balancing factors in a forum non conveniens analysis, not an argument against availability of an alternative forum”). (iii) Conclusion Regarding Adequacy Of Forum Because defendants have established that plaintiffs may pursued claims under Taiwanese law for the wrongful death of their relatives, and that adequate remedies and procedural safeguards exist in that forum, they have sufficiently demonstrated the adequacy of Taiwan as an alternative available forum. Plaintiffs’ concerns that they will be unable to find lawyers willing to represent them on a contingent fee basis, and that they will be- denied pretrial discovery, are relevant to the second element of the forum non conveniens test— i.e., whether public and private interests favor dismissal, and will be discussed infra. See Murray v. British Broadcasting Corp., 81 F.3d 287, 292 (2d Cir.1996) (“There is a division of authority on whether financial hardships facing a plaintiff in an alternative forum as a result of the absence of contingent fee arrangements may cause a forum to be deemed unavailable. The majority of courts deem a plaintiffs financial hardships resulting from the absence of contingent fee arrangements to be only one factor to be weighed in determining the balance of convenience after the court determines that an alternative forum is available. We agree with the majority rule” (internal citations omitted)); Reid-Walen v. Hansen, 933 F.2d 1390, 1398 (8th Cir.1991) (“As part of the Gilbert private interest analysis, courts must be sensitive to the practical problems likely to be encountered by plaintiffs in litigating their claim, especially when the alternative forum is in a foreign country. The district court must be alert to the realities of the plaintiffs position, financial and otherwise, and his or her ability as a practical matter to bring suit in the alternative forum” (internal citations and quotations omitted)); MTS Securities, Inc. v. Creditanstatt-Bankverein, No. 96-CV-0567E, 1997 WL 251482, *5 (W.D.N.Y. May 1, 1997) (“The plaintiffs concede that the defendants are amenable to process in Austria but contend that ‘rare circumstances’ are present here because (1) the Austrian courts would require them to post a substantial bond before they could assert their claims in Austria, [and] (2) Austrian law prohibits contingency fee arrangements, so the plaintiffs would be forced to pay significant attorney’s fees just to bring their claims in Austria.... The first two arguments relate to whether the plaintiffs could afford to bring their claims in Austria. In Murray the United States Court of Appeals for the Second Circuit held that whether the plaintiff has the financial resources to bring his claim in the alternative forum ‘may not be considered in determining the availability of an alternative forum but must be deferred to the balancing of interests relating to the forum’s convenience.’ Accordingly, the first two arguments will be examined when this Court weighs the relevant public and private interest factors,” quoting Murray, supra, 81 F.3d at 292-93). 2. Whether “Exceptional Circumstances” Justify Dismissal Since defendants have demonstrated Taiwan’s adequacy as a forum, the court must next consider whether “exceptional circumstances” warrant dismissal of the action. See Piper, supra, 454 U.S. at 254, 102 S.Ct. 252. In this regard, it is important to note that plaintiffs in certain of the actions pending before the court are United States residents. “[T]he Supreme Court has clearly and unambiguously established that courts should offer greater deference to the selection of a U.S. forum by. U.S. resident plaintiffs when evaluating a motion to dismiss for forum non conveniens.” Wiwa v. Royal Dutch Petroleum Co., 226 F.3d 88, 102 (2d Cir.2000); see also DiRienzo v. Philip Services Corp., 232 F.3d 49, 62 (2d Cir.2000) (“We recently reaffirmed this holding, by noting that Guidi illustrates that a plaintiffs U.S. citizenship and residence is entitled to consideration in favor of retaining jurisdiction” (internal citations omitted)). The vast majority of the plaintiffs who oppose dismissal are not United States residents, however. Courts have held that foreign plaintiffs’ choice of forum is entitled to less deference. See Piper, supra, 454 U.S. at 255-56, 102 S.Ct. 252 (“[bjecause the central purpose of any forum non conveniens inquiry is to ensure that the trial is convenient, a foreign plaintiffs choice deserves less deference”); Murray, supra, 81 F.3d at 290 (although “some weight must still be given to a foreign plaintiffs choice of forum,” it is “entitled to less deference”); Friends For All Children, Inc. v. Lockheed Aircraft Corp., 717 F.2d 602 (D.C.Cir.1983) (stating that “the district court was mistaken in supposing that a foreign plaintiffs choice of a United States forum is entitled to so much deference”). This is because foreign plaintiffs typically have fewer contacts with the forum, suggesting that they have chosen it for some reason other than convenience. Base Metal Trading SA v. Russian Aluminum, 253 F.Supp.2d 681, 693 (S.D.N.Y.2003) (noting that less deference is afforded a foreign plaintiffs choice of forum “not due to any prejudice against foreign plaintiffs, but because courts defer to a plaintiff’s choice of the home forum ‘because [the home forum] is presumed to be convenient.’ In contrast, when a foreign plaintiff chooses a U.S. forum, it is ‘much less reasonable’ to presume that the choice was made for convenience” (citation and internal quotation marks omitted)); see also Pollux Holding Ltd. v. Chase Manhattan Bank, 329 F.3d 64, 71 (2d Cir.2003) (“the degree of deference assigned to plaintiffs choice depends on the specific facts of the case and may be viewed as operating along a ‘siding scale’ ”). While plaintiffs have proffered a chart indicating that the plaintiffs who are United States residents live in California and accordingly have significant contacts with the forum, they have not adduced evidence that the forum is convenient for the more than 100 plaintiffs who do not reside in the United States. Because the court cannot determine whether the current forum is in fact convenient for those foreign plaintiffs, and because foreign plaintiffs significantly outnumber resident United States plaintiffs, it cannot afford plaintiffs’ choice of forum substantial weight. See Cheng, supra, 708 F.2d at 1411 (“[t]he presence of American plaintiffs ... is not in and of itself sufficient to bar a district court from dismissing a case on the ground of forum non conveniens,” citing, inter alia, Alcoa Steamship Company, Inc. v. M/V Nordic Regent; 654 F.2d 147, 154-58 (2d Cir.) (en banc), cert. denied, 449 U.S. 890, 101 S.Ct. 248, 66 L.Ed.2d 116 (1980)); see also Pain v. United Technologies Corp., 637 F.2d 775, 796-98 (D.C.Cir.1980) (“[w]e are not convinced ... that plaintiffs’ forum choice here deserves extra weight in the ‘balance of private conveniences’ simply because several of the plaintiffs are American citizens or because one of the plaintiffs is an American resident.... [PJlaintiffs here cannot expect the court to defer automatically to their forum choice merely because one of their number is an American resident. Even federal courts denying dismissals on the grounds of forum non con-veniens have always been careful to point out that American citizens and residents have no indefeasible right of access to the federal courts”); Nai-Chao, supra, 555 F.Supp. at 21 (“[t]he federal courts have not felt constrained to retain jurisdiction over predominantly foreign cases involving American plaintiffs where an examination of the Gilbert factors demonstrated that the action is more appropriately brought in a foreign forum”). Noting, however, that some deference is properly afforded a plaintiffs choice of forum (Nai-Chao, supra, 555 F.Supp. at 21), the court next examines whether defendants have demonstrated that “the private and public interest factors set out in [Gulf Oil Corp. v.] Gilbert, [330 U.S. 501, 67 S.Ct. 839 (1947),] ... weigh so heavily in favor of the foreign forum that they overcome the presumption for plaintiffs’ choice of forum.’ ” Aguinda, supra, 142 F.Supp.2d at 547 (quoting DiRienzo, supra, 232 F.3d at 56-57). a. Private Interest Factors In Contact Lumber Co. v. P.T. Moges Shipping Company Ltd., 918 F.2d 1446 (9th Cir.1990), the Ninth Circuit stated that “[pjrivate interest factors include: ease of access to sources of proof; compulsory process to obtain the attendance of hostile witnesses, and the cost of transporting friendly witnesses; and other problems that interfere with an expeditious trial.” Id. at 1451. Before considering these factors, the court addresses how a liability stipulation offered by defendants affects the analysis. On May 10, 2004, Boeing and China Airlines notified the court that they had reached an agreement “allowing them to offer stipulations pursuant to which plaintiffs would be fully compensated in the country of their decedents’ domicile, if the Court dismisses their claims on ¡forum non conveniens ] grounds.” Defendants represented that they were prepared to compensate all plaintiffs fully in Taiwan, or any other non-U.S. country of a decedent’s domicile, and dispute only the amount of compensatory damages that was owed. They argued that this development “nulli-fie[d] the bulk of plaintiffs’ [forum non ] opposition^ since] plaintiffs would not have to prove liability in a foreign forum.” Given their stipulation, defendants asserted, “the private interest factors tilt overwhelmingly in favor of the foreign forum.” At the court’s direction, plaintiffs filed a response to defendants’ notice on June 1, 2004. Plaintiffs argued that they are not bound by defendants’ stipulation because they “are entitled to establish the fault and culpability of Boeing and [China Airlines] through affirmative evidence.” They asserted that the court should not require them to accept defendants’ stipulation because (1) it would deprive them of double and treble damages under Taiwanese law; (2) it ignores the fact that certain plaintiffs sue on behalf of decedents who were domiciled in the United States; (3) it would disadvantage non-Taiwanese plaintiffs by subjecting them to the damages standards of Taiwanese law; (4) it assumes that no trials will occur in this forum, when the filing of three cases governed by the Warsaw Convention mandates that those cases proceed here; (5) it would shield Boeing from an examination of the evidence regarding its liability; and (6) it constitutes a transparent attempt to “foment a conflict of interest amongst and between plaintiffs and their counsel.” The court need not decide whether plaintiffs can be forced to accept defendants’ stipulation to liability in these actions. Should the court determine that dismissal is appropriate and condition dismissal on defendants’ tendering of the proffered stipulation, plaintiffs are free to argue to the Taiwanese court that they should not be required to accept the stipulation. For present purposes, the court will — as other courts have done when similar stipulations were offered' — consider first the private interest factors identified in Contact Lumber, and thereafter evaluate the effect of the proposed stipulation on analysis of those factors. Cf. Pain, supra, 637 F.2d at 786 (comparing the relative ease of access to sources of proof in light of the “theories of the case each party will seek to prove in alternative forums,” and noting that “UTC’s liability would be at issue only if the trial were conducted in the United States’’); Jennings v. Boeing Co., 660 F.Supp. 796, 805 (E.D.Pa.1987) (noting, in evaluating the private interest factors identified in Gilbert, that “[i]f the trial were held in the British courts, it is likely that, at least with regard to the plaintiffs case, only evidence regarding damages issues would be required in light of Boeing’s concession [regarding liability]”); In re Disaster at Riyadh Airport, 540 F.Supp. 1141, 1151, n. 27 (D.D.C.1982) (initially evaluating each factor without considering defendants’ willingness to concede liability, and thereafter concluding that “defendants’ concession of liability strongly skews the private interest factors in this case in favor of the use of a foreign forum”). In considering the effect of defendants’ proposed stipulation on the private and public interest factors, the court bears in mind that “[t]he issue of overriding importance in a forum non conveniens analysis is that of convenience.” Jennings, supra, 660 F.Supp. at 799-800 (citing Piper, supra, 454 U.S. at 249, 102 S.Ct. 252). (i) Ease Of Access To Sources Of Proof Plaintiffs and defendants appear to agree that, because the vast majority of the decedents were Taiwanese, the witnesses and documents needed to prove damages are located largely in Taiwan. It also appears that the majority of the physical evidence regarding the crash is located in Taiwan. Defendants assert, and plaintiffs do not dispute, that the accident investigation has been led by Taiwanese governmental authorities, and most specifically, by the Taiwan Aviation Safety Council (“ASC”)- Boeing and the National Transportation Safety Board (“NTSB”) have participated in the investigation, although evidence adduced by Boeing indicates that it has assisted in the investigation “at the pleasure of the ASC and NTSB.” Accident investigators recovered the majority of the aircraft from the Taiwan Strait, and the physical wreckage was initially examined both in Taiwan and at Boeing facilities in the United States. The wreckage examined in the United States has since been returned to Taiwan, and the aft fuselage wreckage, which has been the focus of the investigation, has been assembled in an aircraft hangar in Taiwan. The majority of the analysis conducted on the flight data and cockpit voice recorders was completed in Taiwan, and those recorders are now in the possession of the ASC. Defendants assert that in addition to this physical evidence, the “overwhelming weight of liability evidence is in Taiwan.” China Airlines, for example, has kept repair, maintenance, and inspection records since it purchased the aircraft in 1979. These records, which defendants contend constitute critical liability evidence, are located exclusively in Taiwan. Plaintiffs do not dispute that repair and maintenance records for the aircraft are in Taiwan. They assert, however, that there is significant documentary evidence located in the United States because the “focus of liability issues” is “squarely on Boeing’s activities.” Plaintiffs contend that Boeing designed, manufactured, and tested the accident aircraft; provided updated manuals and Field Service Representatives to assist in the maintenance, repair, and inspection of the aircraft; and, most importantly, was “acutely aware” of the “catastrophic consequences” repairs can have on aging aircraft, and participated in a number of accident investigations and Congressionally-mandated programs. They maintain that evidence regarding these activities, including Boeing’s “decades-long study of the dangers of structural failure due to repairs to aging aircraft,” is located in the United States. Plaintiffs assert that Boeing maintains evidence regarding the CI611 crash at its facilities in the United States as well. They describe the relevant documents in Boeing’s possession as “voluminous and all in English,” and argue that this weighs in favor of a finding that there is greater access to sources of proof in the current forum than in Taiwan. Boeing counters that the liability issues identified by plaintiffs are “tenuously relevant at best, since the break-up of the aircraft appears to have originated in an area where a repair was not done according to Boeing’s recommendation in the first place.” Boeing also notes that, as a condition of dismissal, it has agreed to make available for trial in Taiwan any evidence in its possession that the Taiwanese court may deem relevant. While the parties dispute the location of the relevant liability proof, there is no question that damages proof is overwhelmingly located in Taiwan. Given the number of decedents, the volume of this evidence is substantial. Even if there were significant liability evidence both in the United States and Taiwan, therefore, a Taiwan forum would offer greater ease of access to sources of proof overall. The court concludes, moreover, that a majority of the liability evidence regarding the accident aircraft is located in Taiwan. The crash site is within Taiwanese territorial waters, and China Airlines’ repair and maintenance records are located in Taiwan. The physical wreckage of the accident aircraft is in Taiwan, and some, if not most, of the documents generated the ASC may be subject to compulsory production only in Taiwan. Boeing, moreover, is willing to produce any evidence deemed relevant to liability by the Taiwanese court in Taiwan. Accordingly, the court concludes that Taiwan is the forum that offers greater ease of access to sources of proof. See, e.g., Nai-Chao, supra, 555 F.Supp. at 17-18 (granting defendant’s motion for dismissal where, inter alia, “[ejvidence pertaining to ... maintenance ... of the aircraft during the five-and-a-half year period preceding the crash ... is located in Taiwan[; a] view of the premises is obviously available only in Taiwan, and might assist defendants ... [and] virtually all of the evidence relating to proof of damages is in Taiwan, where the overwhelming majority of claimants reside, and the difficulties of adjudicating these foreign damage claims would be compounded by the presence of language barriers and the necessity for translation”); Riyadh Airport, supra, 540 F.Supp. at 1146-47 (after observing that evidence regarding the maintenance of the aircraft and decedents’ damages was located in a foreign forum, while design defect evidence was located in the United States, making “the issue ... close,” the court concluded that “overall the ease of access to all sources of proof in these cases would be furthered by trial in a foreign forum”); see also Piper, supra, 454 U.S. at 257, 102 S.Ct. 252 (concluding, although plaintiff “would have greater access to sources of proof relevant to her strict liability and negligence theories if trial were held here ...,” that “the District Court did not act unreasonably in concluding that fewer evi-dentiary problems would be posed if the trial were held in Scotland. A large proportion of the relevant evidence is located in Great Britain”). Defendants contend their proposed stipulation reinforces this conclusion because, with liability resolved, “the only relevant evidence pertains to damages,” and that “evidence [is] located in the foreign plaintiffs’ home forum.” Plaintiffs respond that, even if defendants’ stipulation is accepted, liability evidence will remain relevant because Taiwan’s Consumer Protection Law (“CPL”) authorizes the recovery of double damages on proof of negligence, and treble damages on proof of wrongful misconduct. Defendants’ expert disputes this. He notes that the CPL does not apply retroactively, and that, because the law was enacted in 1994, it would not apply to Boeing’s design and manufacture of the aircraft in the 1970s. Moreover, although Boeing could potentially be found liable for post-sale failure to warn, defendants’ expert states that Article 10 of the CPL — which governs such a claim — “does not contain an express cause of action that creates liability to consumers on a post-sale duty to warn theory.” For this reason, the expert notes, “no case in Taiwan has allowed a private claim for puni-five damages under the CPL for a violation of Article 10.” Given the testimony of defendants’ expert, their proffered liability stipulation strengthens the conclusion that Taiwan provides greater ease of access to proof. See Riyadh Airport, supra, 540 F.Supp. at 1151, n. 27 (“defendants’ liability concession would remove the ... liability theory categories [of evidence] from consideration, thereby leaving the ease of access to the fourth category of evidence, damages, as the sole consideration under this private interest factor”). (ii) Compulsory Process And Travel Of Witnesses Defendants contend that the second Contact Lumber factor also strongly favors dismissal. They identify several categories of witnesses who will be beyond the subpoena power of the court if the actions proceed here, including individuals participating in the ASC investigation; former China Airlines employees and current employees who are not officers of the company; and individuals who testify regarding damages for each decedent, including beneficiaries, relatives, friends, employers, and health care providers. Plaintiffs contend that because defendants have failed to identify specific witnesses who could not be served with compulsory process and who would be unwilling to testify the United States, they have “failed to meet their heavy burden of proof’ on this issue. Plaintiffs also argue that numerous critical witnesses live and work in the United States, including Boeing’s investigators; the Field Service Representatives it provided to assist China Airlines in maintaining the aircraft; and Boeing employees and government witnesses who participated in the company’s aging aircraft study. Plaintiffs assert that defendants have significantly overstated the difficulties of trying the eases in this forum, given that they are both “multi-national businesses” with vast resources who are “well-equipped to transport witnesses and documents to this forum.” Defendants have identified potentially unavailable witnesses with adequate specificity. In Gates Learjet v. Jensen, 743 F.2d 1325 (9th Cir.1984), the Ninth Circuit reversed a dismissal on forum non conveniens grounds because, inter alia, the “district court improperly focused on the number of witnesses in each location” rather than “examining] the materiality and importance of the anticipated witnesses’ testimony and then determining] their accessibility and convenience to the forum.” Id. at 1335-36. To carry their burden on this factor, therefore, defendants must delineate how witnesses not subject to compulsory process are critical to the actions. They are not, however, required to identify each potentially critical witness, nor to submit affidavits that provide significant evidentiary detail. See Piper, supra, 454 U.S. at 258, 102 S.Ct. 252 (rejecting the suggestion that “defendants seeking forum non conveniens dismissal must submit affidavits identifying the witnesses they would call and the testimony these witnesses would provide if the trial were held in the alternative forum,” and noting that “[s]uch detail is not necessary. Piper and Hartzell have moved for dismissal precisely because many crucial witnesses are located beyond the reach of compulsory process, and thus are difficult to identify or interview. Requiring extensive investigation would defeat the purpose of their motion”). Defendants have identified a number of critical witnesses who cannot be compelled to provide testimony in this forum, including accident investigators, former employees of China Airlines who repaired and/or maintained the aircraft, and the families and friends of the decedents. In Piper, supra, the Court found such circumstances compelling when considering the private interest factors: “The real parties in interest are citizens of Scotland, as were all the decedents. Witnesses who could testify regarding the maintenance of the aircraft, the training of the pilot, and the investigation of the accident — all essential to the defense — are in Great Britain. Moreover, all witnesses to damages are located in Scotland. Trial would be aided by familiarity with Scottish topography, and by easy access to the wreckage.... [BJecause crucial witnesses and evidence were beyond the reach of compulsory process, and because the defendants would not be able to implead potential Scottish third-party defendants, it would be ‘unfair to make Piper and Hartzell proceed to trial in this forum.’ ” Piper, supra, 454 U.S. at 242, 102 S.Ct. 252. See also Lueck, supra, 236 F.3d at 1146-47 (noting that “[t]he ... witnesses in New Zealand ... are not so easily summoned to the United States.... [M]any of the New Zealand ... witnesses are [not under plaintiffs’ control but] under the control of the New Zealand government or Ansett. The district court does not have the power to order the production or appearance of such ... witnesses”); Nai-Chao, supra, 555 F.Supp. at 18 (although witnesses regarding the design and manufacture of the aircraft were “clearly subject to process in this Court,” the court dismissed on forum non conveniens grounds because “all witnesses who could testify as to the inspection and maintenance of the aircraft [after sale] and all witnesses who could testify regarding the investigation of the accident by Taiwanese authorities, as well as witnesses who knew the decedents and whose testimony would be necessary to ascertain damages, are located in Taiwan,” and it was doubtful that the “Court could enforce process compelling the attendance of persons with relevant knowledge who are not parties to this litigation”). Here, the court can condition any dismissal on Boeing’s agreement to produce its employees in Taiwan. See, e.g., Piper, supra, 454 U.S. at 258 n. 25, 102 S.Ct. 252 (“In the future, where similar problems are presented, district courts might dismiss subject to the condition that defendant corporations agree to provide the records relevant to the plaintiffs claims”). As these are the majority of the critical United States witnesses identified by plaintiffs, such a condition would preserve their ability to obtain necessary evidence. Former employees and non-officers of China Airlines, moreover, would be subject to subpoena in Taiwan and thus be available to plaintiffs in that forum. Participants in the ASC investigation, who are largely Taiwanese residents, would likewise be subject to compulsory process, as would the numerous witnesses regarding plaintiffs’ damages claims. If trial were to proceed in this district, by contrast, ASC investigators, former China Airlines employees, and damages witnesses would be presumptively unavailable. Additionally, U.S. government witnesses and former Boeing employees might well be outside the 100-mile radius that defines the subpoena power of the court. See Fed.R.Civ. PROC. 45(b)(2). Although plaintiffs represent they will make witnesses with information relevant to damages available if trial proceeds in this forum, the court must consider the cost of obtaining these witnesses’ participation. See Riyadh Airport, supra, 540 F.Supp. at 1148 (considering whether witnesses would be subject to compulsory process, evaluating the cost of securing the presence of willing witnesses, and concluding that “a deeper look reveals that these cost considerations slightly favor trial in a foreign forum”). Should trial proceed in Taiwan, Boeing will incur costs transporting its employees and witnesses to the forum. If the actions are tried here, by contrast, all parties will incur witness transportation costs. China Airlines will have to bring its employees from Taiwan, and plaintiffs’ damages witnesses will have to travel here. Boeing will still incur costs bringing employees to trial, as most are located at the company’s headquarters in Washington and at other relevant locations throughout the country. The court recognizes that a dismissal on forum non grounds may make certain witnesses unavailable to plaintiffs. Given that more critical witnesses would be beyond compulsory process here than in Taiwan, and that overall witness transportation costs may decrease if the cases are tried in Taiwan, however, the court finds that the second Contact Lumber factor weighs slightly in favor of dismissal. As with the ease of access to proof, moreover, the prospect that defendants will stipulate to liability — obviating the need for liability witnesses — strengthens the court’s conclusion. See Riyadh Airport, supra, 540 F.Supp. at 1148 (“Defendants’ concession of liability would apparently make it unnecessary for any liability witnesses to be transported anywhere in these cases and, thus, there would be no costs associated with those witnesses. The only remaining cost consideration, therefore, would be the cost of transporting willing damages witnesses to the place of trial. Obviously, trying these cases in the domicile of each individual decedent would involve the least cost in obtaining these witnesses’ attendance”). (iii) Other Relevant Factors In Contact Lumber, supra, the Ninth Circuit included among the relevant private interest factors were “other problems that interfere with an expeditious trial.” Plaintiffs identify a series of problems that they contend will interfere with expeditious trial of the actions in Taiwan. They assert that the scarcity of contingency fee representation, the absence of pretrial discovery and alternative dispute resolution, and the lack of a right to jury trial will make it exceedingly difficult for them to proceed in that forum. Because Taiwanese courts require that all documents and testimony be presented in Mandarin Chinese, plaintiffs also contend that translating the relevant documents would be logistically challenging and “financially overwhelming.” Plaintiffs estimate that translation costs would exceed $645,000. Addressing translation costs first, the court notes that translation of documents and testimony will be required whichever forum is selected. China Airlines’ repair and maintenance records will most likely have to be translated if the actions proceed in this forum. Damages records — including pay stubs, health records, employment records, and documents regarding funeral or burial expenses — as well as testimony regarding support, maintenance, and life expectancy — will have to be translated as well. Defendants proffer little evidence regarding the attendant costs, however, and the court accordingly concludes that the cost of translation weighs slightly in favor of retaining the action in this forum. Similarly, while not sufficient to render Taiwan an inadequate forum, plaintiffs’ concerns regarding Taiwanese litigation procedures weigh in favor of a United States forum. As is true with respect to other private interest factors, however, it appears that defendants’ proposed liability stipulation will substantially alleviate plaintiffs’ concerns. Should the court condition dismissal on defendants’ willingness to stipulate to liability, for example, the need for pretrial discovery and alternative dispute resolution, and the importance of contingency fee representation, will decrease, as the only outstanding issue will be damages. In sum, plaintiffs have demonstrated that the potential cost of translation services, the unavailability of pretrial discovery and alternative dispute resolution services, and the scarcity of contingent fee representation weigh in favor of retaining the cases in this jurisdiction. Because these problems can be mitigated to some extent by defendants’ proffered liability stipulation, however, they favor retention only slightly. (iv) Conclusion Regarding Private Interest Factors The ease of access to proof and the amenability of witnesses to compulsory process, as well as the cost of bringing willing witnesses to trial, all weigh in favor of a finding that Taiwan is the more convenient forum. Other relevant factors favor trying the cases in this forum, but are not sufficient to overcome the weight of the proof and witness factors. Accordingly, the court concludes that the private interest factors favor dismissal on forum non conveniens grounds. See Riyadh Airport, supra, 540 F.Supp. at 1151 (concluding, in a case where “1) the ease of access factor slightly favors the use of a foreign forum; 2) the compulsory process factor is in equipoise; 3) the cost consideration factor favors the use of a foreign forum; 4) the view of the accident scene factor is inapplicable; and 5) the other practical problems factor is insignificant,” that the “private interest factors favor the use of a foreign forum”). The court reaches this conclusion without consideration of defendants' proffered liability stipulation. When the proposed stipulation is taken into account, the result is even clearer, as it reduces the likelihood that the procedural problems plaintiffs identify will hamper their ability to achieve a fair recovery. Id. at 1151 n. 27 (“... because this court’s private interest analysis slightly favors the use of a foreign forum even in the absence of defendants’ liability concession, this court declines to find that defendants’ motion for dismissal is either disingenuous or improperly motivated. The defendants’ concession of liability has not totally tipped or altered the scales of convenience, but instead has merely clarified and strengthened the already existing balance”). b. Public Interest Factors As noted, relevant public interest factors include (1) court congestion; (2) the unfairness of burdening citizens in an unrelated forum with jury duty; (3) the interest in having localized controversies decided at home; (4) the interest in trying the case in a forum familiar with the applicable law; and (5) the interest in avoiding unnecessary conflicts of laws. Gulf Oil, supra, 330 U.S. at 508-09, 67 S.Ct. 839; Rosa, supra, 211 F.3d at 512. Defendants contend that each of these factors favors dismissal; plaintiffs assert they favor retention. The court considers each in turn. (i) Court Congestion The Central District of California (the “Central District”) is one of the busiest districts in the country. In 2003, 14,720 cases were filed in the Central District. The median time from filing to disposition is 7.5 months. For civil cases proceeding to trial, however, the median time from filing to trial is 21.2 months. As of 2003, the District had 609 civil cases that were more than three years old. This court currently has 350 cases on its active civil docket, and handles criminal cases in addition to its civil matters. See Nai-Chao, supra, 555 F.Supp. at 19 (“[i]t is beyond dispute that the docket of [the Northern District of California] is heavily congested”). Defendants have submitted evidence, by contrast, that completing a civil lawsuit in Taiwan at the district court level takes, on average, between 78 and 86 days. Plaintiffs argue that defendants’ statistics prove too much, because “the effect that congestion will have on the expeditious resolution of this lawsuit pales in comparison to the processes of the Taiwanese court system.” Plaintiffs cite the declaration of their expert, who opines that “the total time for the prosecution, trial and appeal of the wrongful death cases arising from the crash of the Flight CI611 will take [seven] or more years from the date of their original filing in Taiwan.” This figure, however, includes both trial and all appeals. In his deposition, plaintiffs’ expert estimated that a general wrongful death or injury case would be tried within one year, and that the initial appeal phase would be completed within one or two years. Plaintiffs contend that these cases would take “longer than the ordinary case” to try in the Taiwanese courts. The same, however, can be said of trial in the Central District. Given the number of plaintiffs and the complexity of the actions, it is likely that the District’s “median time” of 21.2 months to trial will be exceeded in these actions. This is confirmed by a review of the actions’ procedural history to date. Plaintiffs filed their complaints more than a year ago. Since that time, the parties have conducted limited jurisdictional discovery. Once defendants’ motion to dismiss on forum non conveniens grounds is resolved, the parties anticipate bringing motions to remand certain cases to state court. Only after these preliminary issues are decided will discovery begin in earnest. As a result, it is clear that the median 21.2 months to trial will be exceeded. As the Ninth Circuit noted in Gates, supra, “[t]he real issue is not whether a dismissal will reduce a court’s congestion but whether a trial may be speedier in another court because of its less crowded docket.” Gates, supra, 743 F.2d at 1337. Here, it is difficult to ascertain whether retention of the actions in the United States or transfer to Taiwan would result in a more expeditious resolution of plaintiffs’ claims. If the court conditions dismissal on defendants’ willingness to stipulate to liability, however, this factor would weigh more heavily in favor of dismissal. See Riyadh Airport, 540 F.Supp. at 1150 (noting that defendants’ liability concession would “clearly make the trial of these cases easier, more expeditious and less expensive” because “neither a trial on liability issues nor any discovery on liability issues would need to be undertaken in these cases”). Accordingly, the court finds that the relative congestion of the courts is either neutral or, when defendants’ stipulation is considered, that it weighs slightly in favor of dismissal. Congestion, however, is afforded little weight in assessing the public interest factors. See Gates, supra, 743 F.2d at 1337 (“[t]he district court here observed only that its docket was congested; it did not determine whether a trial would be speedier in the Philippines. Even if it were, however, it is unfair for a court to subject a United States corporation to the courts of another country merely because plaintiffs home country courts are congested. The forum non conve-niens doctrine should not be used as a solution to court congestion; other remedies, such as placing reasonable limitations on the amount of time each side may have to present evidence, are more appropriate”). The court thus turns to the remaining factors. (ii) Local Controversy Defendants argue that plaintiffs’ cases “can hardly be characterized as a local California controversy” given that they arise from a crash in Taiwan of an aircraft operated by a Taiwanese airline. Plaintiffs counter that the United States has a substantial interest in the dispute and that the proper comparison is between the United States and Taiwan, not California and Taiwan. Contrary to plaintiffs’ suggestion, it is not improper for a court to consider contacts with the actual forum'— i.e., California — when evaluating a motion to dismiss on forum non conveniens grounds. See Mercier v. Sheraton International, Inc., 981 F.2d 1345, 1355 (1st Cir.1992) (“Merrier II did not state that a district court could not recognize, as a factor to be considered in its forum non conveniens analysis, the attenuated connection between the matter in litigation and the particular forum selected within the United States. Rather, we pointed out that the connection between the matter in litigation and the particular forum within the United States may not wholly supplant the dominant transnational comparison required where ‘the choice facing the district court [is] between two countries.’ Provided adequate recognition is accorded the substantial public interest in providing a convenient United States forum for an action in which all parties are United States citizens and residents ... the trial court may weigh, as a subsidiary consideration, any attenuated connection between the particular United States forum and the matter in litigation,” citing Gates, supra, 743 F.2d at 1336 (comparing the Philippines to Arizona), and Pain, supra, 637 F.2d at 792 (“courts may validly protect their dockets from cases which arise within their jurisdiction, but which lack significant connection to it; [and] may legitimately encourage trial of controversies in the localities in which they arise ”) (emphasis added)). Even when the United States is used as the poi