Aware, Inc. v. Ramirez-Mireles

van Gestel, J.

This matter comes before the Court on the motion to dismiss by the defendant, Fernando Ramirez-Mireles (“Ramirez-Mireles”). The motion is grounded on the doctrine of forum non conveniens and its legislative formulation found in G.L.c. 223A, Sec. 5.

BACKGROUND

The plaintiff, Aware, Inc. (“Aware”), is a Massachusetts corporation based in Bedford. Aware also maintains an office in Lafeyette, California.

In October 1999, Ramirez-Mireles, a Mexican citizen residing in California,' was offered and accepted a position with Aware in its California office. In February 2001, Ramirez-Mireles…