HSBC Bank USA et al v. Renner et al

Filing 4

ORDER, signed by Magistrate Judge Sheila K. Oberto on 3/28/2013. CASE TRANSFERRRED to Sacramento Division Division. New Case Number 2:13-cv-608-KJM-DAD. Old Case Number 1:13-cv-450-LJO-SKO. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HSBC BANK USA, et al.,
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Plaintiffs,
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v.
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RANDALL J. RENNER, et al.,
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Defendants.
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_____________________________________ )

Case No.: 1:13-cv-00450-LJO-SKO
ORDER TO TRANSFER CASE TO THE
SACRAMENTO DIVISION OF THE
EASTERN DISTRICT OF CALIFORNIA

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On March 28, 2013, Defendant Randall J. Renner ("Defendant") filed a Notice of Removal,

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removing an unlawful detainer action from the Amador County Superior Court for claims related

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to Defendant's alleged residence at real property located at 16294 Rossbridge Road, Jackson,

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California 95642, which is located in Amador County. (See Doc. 1, pp. 6-9.)

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Title 28 U.S.C. Section 1391 pertains to venue in general and states in pertinent part that "[a]

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civil action may be brought in . . . judicial district in which a substantial part of the events or

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omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the

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action is situated." 28 U.S.C. § 1391(b)(2).

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Here, the claims concern real property located in Amador County, California. Pursuant to

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the Local Rules of the United States District Court, Eastern District of California, Rule 120(d), "[a]ll

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civil and criminal actions and proceedings of every nature and kind cognizable" arising in Amador

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County "shall be commenced in the United States District Court sitting in Sacramento, California."

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Thus, Defendant should have removed this action to the Sacramento Division of the United States

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District Court, Eastern District of California, not the Fresno Division.

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Local Rule 120(f) provides that a civil action that has not been commenced in the proper

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division of the Court may, on the Court's own motion, be transferred to the proper division of the

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Court. Therefore, this action will be transferred to the Sacramento Division of the Court.1

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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This action is transferred to the United States District Court for the Eastern District
of California in Sacramento;

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2.

The Clerk of the Court shall assign a new case number; and

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3.

All future filings shall bear the new case number and shall be filed at:

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United States District Court
Eastern District of California
501 I Street
Sacramento, California, 95814

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IT IS SO ORDERED.

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Dated:
ie14hj

March 28, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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The Court takes no position on whether the removal was proper or whether subject matter jurisdiction lies in
a federal court. As such, the Court also takes no action with respect to Defendant's motion to proceed in forma pauperis.

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