Jimenez v. Thor Motor Coach, Inc.

Filing 10

ORDER ON WITHDRAWAL OF MOTION to CHANGE VENUE 6 signed by District Judge Dale A. Drozd on 4/12/2017. 1) Defendant's motion to change venue ( Doc. No. 6 ) filed on March 13, 2017, has been withdrawn; 2) The Clerk of the Court is directed to terminate defendant's motion to change venue (Doc. No. 6) on the docket; and 3) The hearing on the motion to change venue set for April 18, 2017, is VACATED. (Thorp, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VINCENTE MEJIA JIMENEZ,

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No. 1:16-cv-01927-DAD-JLT

Plaintiff,
v.

ORDER ON WITHDRAWAL OF MOTION

THOR MOTOR COACH, INC.,

(Doc. No. 6)

Defendants.

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On March 13, 2017, defendant Thor Motor Coach, Inc. filed a motion to change venue in

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this action and seeking its transfer to the U.S. District Court for the Northern District of Indiana

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pursuant to 28 U.S.C. § 1404(a). (Doc. No. 6.) The motion was noticed for hearing before the

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undersigned on April 18, 2017 at 9:30 a.m. (Id.) Plaintiff Vincente Mejia Jimenez filed his

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opposition to the motion on April 4, 2017. (Doc. No. 8.) However, on April 11, 2017, defendant

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Thor Motor Coach, Inc. filed a notice of withdrawal of its motion to change venue. (Doc. No. 9.)

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“Withdrawal of a motion has a practical effect as if the party had never brought the

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motion.” Caldwell-Baker Co. v. S. Ill. Railcar Co., 225 F. Supp. 2d 1243, 1259 (D. Kan. 2002);

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see also Davis v. United States, No. 5:07-cv-00481-VAP-OP, 2010 WL 334502, at *2 (C.D. Cal.

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Jan. 28, 2010) (“The effect of withdrawal of a motion is to leave the record as it stood prior to the

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filing as though the motion had never been made”); Remley v. Lockheed Martin Corp., No.

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3:00-cv-02495-CRB, 2001 WL 681257, at *3 (N.D. Cal. June 4, 2001) (same).
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Accordingly,

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1) Defendant’s motion to change venue (Doc. No. 6), filed on March 13, 2017, has been

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withdrawn;
2) The Clerk of the Court is directed to terminate defendant’s motion to change venue

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(Doc. No. 6) on the docket; and
3) The hearing on the motion to change venue set for April 18, 2017 at 9:30 a.m. is

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vacated.
IT IS SO ORDERED.
Dated:

April 12, 2017
UNITED STATES DISTRICT JUDGE

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