Delgado v. Bank of America Corporation, et al.

Filing 23

ORDER OF INTRADISTRICT TRANSFER from Sacramento (2:09cv-1932 MCE KJM) to FRESNO (1:09-cv-1638 AWI DLB) signed by Judge Morrison C. England, Jr on 9/15/09. (Kaminski, H)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 The Complaint in this matter is brought on behalf of Plaintiff Fernando Delgado, a resident of Kern County, California. (Compl., ¶ 1). Plaintiff makes various claims with ----oo0oo---v. BANK OF AMERICA CORP., COUNTRYWIDE HOME LOANS, INC., RECONTRUST COMPANY; and DOES 1-50, FERNANDO DELGADO, NO. 2:09-cv-01932-MCE-KJM Plaintiff, ORDER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

regard to the promissory note and deed of trust on certain real property located in Kern County, California. (Id. at ¶¶ 8-10).

Defendants, companies involved in the aforesaid mortgage transactions, are alleged to have been doing business within the County of Kern within all times relevant to Plaintiff's Complaint. (Id. at ¶¶ 2-4). 1

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Kern County is part of the Fresno Division of the United States Court for the Eastern District of California. Rule 3-120(b). County. See Local

This action was originally brought in Kern

On July 15, 2009, Defendants removed the matter to the

Sacramento Division1 of this court, alleging diversity of citizenship pursuant to 28 U.S.C. § 1332(a). Pursuant to Local Rule 3-120(f), any civil action which has not been commenced in the proper court may, on the court's own motion, be transferred to the proper court. The instant case was Therefore

improperly removed to Sacramento, rather than Fresno.

this action will be transferred to the Fresno Division of the court. All currently pending motions in this matter (Docket Nos.

5, 6 and 18) are DENIED, without prejudice to being refiled in Fresno following transfer. Finally, Plaintiff's Ex Parte

Application for an Order Shortening Time for the hearing on his Motion to Strike (Docket No. 17) is DENIED as moot. IT IS SO ORDERED. Dated: September 15, 2009

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

While the caption to the Notice of Removal lists the "Bakersfield Division" of this court, the matter was nonetheless removed to Sacramento. 2

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