for April Kurzke and her two sons, Brendan and Kyle Kurzke, until December 31, 1998. 2 The order entered included the following language: IT IS FURTHER ORDERED that Defendants shall waive any potential statute of limitations defense under the laws of Germany with respect to plaintiffs' claims asserted in this action; and IT IS FURTHER ORDERED that Defendants shall consent to personal jurisdiction of the Courts of Germany with respect to plaintiffs’ claims asserted in this action and shall not use the fact that they are entities incorporated and located in the United States as a legal objection to defendants being deposed in the German action. 3 E.g., Mercier v. Sheraton Int'l, 981 F.2d 1345, 1356 (1st Cir. 1992), cert. denied, 508 U.S. 912, 113 S.Ct. 2346, 124 L.Ed.2d 255 (1993) (<HOLDING>); Contact Lumber Co. v. P.T. Moges Shipping
holding that a district court has discretion to grant a defendants forum non conveniens motion to transfer before disposing of any other threshold challenges holding that the jones act does not preempt state law in applying the doctrine of forum non conveniens and thus state law governs holding that issue concerning forum non conveniens decision was not suitable for interlocutory appeal in part because a forum non conveniens decision is inherently factsensitive holding that a district court may dismiss based on forum non conveniens without first addressing personal jurisdiction holding that the unavailability absent compulsory process of a witness would result in serious injustice thus was a sufficient factor in granting the forum non conveniens motion