Shipping and Transit LLC v. Healthwarehouse.com, Inc. et al

Filing 11

ORDER TO SHOW CAUSE RE: DISMISSAL by Judge Terry J. Hatter, Jr. It is Ordered that Plaintiff is Ordered to Show Cause, if it has any, why this action should not be dismissed, sua sponte, for improper venue. Plaintiff shall file a written response to this Order to Show Cause by July 11, 2016. Defendant may file a brief in opposition to Plaintiff's written response no later than seven days after Response to Order to Show Cause due by 7/11/2016. Plaintiff's response is filed. Plaintiff ma y file a reply brief no later than seven days after any Defendant's opposition is filed. The matter will then stand submitted. It is further Ordered that Plaintiff shall serve Defendant a copy of this Order by July 11, 2016. Upon completion of service, Plaintiff shall electronically file a proof of service. (lom)

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United States District Court
Central District of California
Western Division

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SHIPPING AND TRANSIT LLC,

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CV 16-03977 TJH (PLAx)

Plaintiff,
v.
HEALTHWAREHOUSE.COM, INC.,
Defendant.

Order To
Show Cause
re: Dismissal

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The Court has reviewed Plaintiff’s complaint.

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In the absence of a waiver or, where the Defendant has not answered, the Court

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may raise, sua sponte, the issue of whether venue is proper in this judicial district by

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ordering Plaintiff to show cause why this action should not be dismissed. See Costlow

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v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986). Here, it is not clear from the

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complaint that the Central District of California is the proper venue for this action under

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either 28 U.S.C. §§ 1391 or 1400(b). Accordingly,

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It is Ordered that Plaintiff is Ordered to Show Cause, if it has any, why this

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action should not be dismissed, sua sponte, for improper venue. Plaintiff shall file a

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written response to this Order to Show Cause by July 11, 2016. Defendant may file a

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brief in opposition to Plaintiff’s written response no later than seven days after
Order – Page 1 of 2

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Plaintiff’s response is filed. Plaintiff may file a reply brief no later than seven days

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after any Defendant’s opposition is filed. The matter will then stand submitted.

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It is further Ordered that Plaintiff shall serve Defendant a copy of this Order

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by July 11, 2016. Upon completion of service, Plaintiff shall electronically file a proof

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of service.

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Date: June 21, 2016

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__________________________________

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Terry J. Hatter, Jr.
Senior United States District Judge

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Order – Page 2 of 2