Committee to Protect Our Agricultural Water et al vs. Occidental Oil and Gas Corporation et al.

Filing 7

(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. No later than 6/16/2015, plaintiffs shall file a First Amended Complaint setting forth the citizenship and residence of all named defendants. (vdr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 15-4149 FMO (JPRx)

Title

Committee to Protect Our Agricultural Water, et al. v. Occidental Oil and
Gas Corporation, et al.

Present: The Honorable

Date

June 9, 2015

Fernando M. Olguin, United States District Judge

Vanessa Figueroa

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorney Present for Plaintiff(s):

Attorney Present for Defendant(s):

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Re: Venue

On June 3, 2015, Committee to Protect Our Agricultural Water and Mike Hopkins
(“plaintiffs”) filed a Complaint (“Complaint”) in this court against Occidental Oil and Gas
Corporation (“Occidental”), Western States Petroleum Association (“WSPA”); California
Independent Petroleum Association (“CIPA”); Chevron, U.S.A., Inc. (“Chevron”); California Division
of Oil, Gas, & Geothermal Resources (“DOGGR”); Edmund G. Brown (“Governor Brown”);
Timothy R. Kustic (“Mr. Kustic”); March Nechodom (“Mr. Nechodom”); and Lorelei H. Oviatt (“Ms.
Oviatt”) (collectively, “defendants”). Subject matter jurisdiction is based on federal question
jurisdiction, as plaintiff asserts claims under the Racketeer Influenced and Corrupt Organizations
Act (“RICO”), 18 U.S.C. §§ 1962 et seq. & 1964 and The Civil Rights Act of 1871, 42 U.S.C. §
1983. (See Complaint at ¶¶ 217-240)
The federal venue statute requires that a civil action, other than one based on diversity
jurisdiction, 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).
According to plaintiffs’ complaint, Occidental formerly resided in Los Angeles (see
Complaint at ¶ 63), WSPA and CIPA reside in Sacramento (see id. at ¶¶ 64-65), and Chevron
resides in San Ramon (see id. at ¶ 66). Plaintiffs do not allege the residences of DOGGR,
Governor Brown, Mr. Nechodom, Mr. Kustic, or Ms. Oviatt. (See, generally, id.). Accordingly, IT
IS ORDERED that:
1. No later than June 16, 2015, plaintiffs shall file a First Amended Complaint setting forth
the citizenship and residence of defendants DOGGR, Governor Brown, Mr. Nechodom, Mr. Kustic
and Ms. Oviatt and all other defendants named in the First Amended Complaint. Failure to file the
First Amended Complaint by the deadline referenced above shall be deemed as consent to the
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 15-4149 FMO (JPRx)

Date

Title

Committee to Protect Our Agricultural Water, et al. v. Occidental Oil and
Gas Corporation, et al.

June 9, 2015

transfer of the action to the Eastern District of California.
2. A copy of all papers filed with the court shall be delivered to the drop box outside
chambers at Suite 520, Spring Street Courthouse, 312 North Spring Street, no later than 12:00
noon the following business day. All chambers copies shall comply fully with the document
formatting requirements of Local Rule 11-3, including the “backing” requirements of Local Rule
11-3.5. Counsel may be subject to sanctions for failure to deliver a mandatory chambers copy in
full compliance with this Order and Local Rule 11-3.

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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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vdr

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