Phillips v. Secretary of Navy

Filing 53

ORDER Regarding Venue, signed by District Judge Dale A. Drozd on 12/20/2017. (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRYL PHILLIPS,

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No. 1:16-cv-01944-DAD-SKO

Plaintiff,
v.

ORDER REGARDING VENUE

RICHARD V. SPENCER, Secretary of the
Navy,
Defendant.

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On September 28, 2017, this court granted plaintiff’s request for an extension of time to

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file his second amended complaint. (Doc. No. 42.) That time was then further extended by order

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dated November 16, 2017 following plaintiff’s ex parte application. (Doc. No. 50.) On

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December 15, 2017, plaintiff filed a second amended complaint. (Doc. No. 52.) In the second

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amended complaint, plaintiff—who is now proceeding through counsel—states that venue is not

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proper in this jurisdiction, but rather is proper in the U.S. District Court for the Southern District

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of California. (Doc. No. 52 at ¶¶ 4–5.) Plaintiff requests “the Court to transfer this matter to the

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Southern District of California under 28 U.S.C. §§ 1404/1406.” (Id. at ¶ 5.)

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Requests to this court for matters such as a change of venue should be presented to the

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court in the form of a motion. The court therefore will reject plaintiff’s request contained in his

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second amended complaint without prejudice to a properly noticed motion to change venue. See
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L.R. 230(a)–(b) (“[A]ll motions shall be noticed on the motion calendar of the assigned Judge or

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Magistrate Judge.”). The court also notes that a change of venue may generally be obtained by

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stipulation. See 28 U.S.C. § 1404(a) (“[A] district court may transfer any civil action to any other

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district or division . . . to which all parties have consented.”).

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IT IS SO ORDERED.

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Dated:

December 20, 2017
UNITED STATES DISTRICT JUDGE

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