Valente v. Keller Williams Realty Inc. et al.

Filing 12

ORDER DENYING 11 Motion to Transfer Venue, WITHOUT PLREJUDICE signed by Chief Judge Lawrence J. O'Neill on 10/20/17.(Amended Complaint Deadline Extended to November 10, 2017) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT VALENTE,
Plaintiff,

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v.
KELLER WILLIAMS REALTY, INC., et al.,
Defendants.

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Case No.: 1:17-cv-00218-LJO-JLT
ORDER DENYING WITHOUT PREJUDICE
MOTION TO TRANSFER VENUE
(Doc. 11)

Robert Valente filed a Complaint in this case on February 15, 2017, alleging many entities are

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liable for civil rights violations, deceit, negligent misrepresentation, constructive fraud, negligence, loss

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of consortium, intentional infliction of emotional distress, and negligent infliction of emotional distress

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related to the purchase of a home in Tennessee. His Complaint was dismissed with leave to amend on

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September 8, 2017, and Plaintiff was given until October 8, 2017 to file an amended complaint. (Doc.

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6.) The deadline for amendment was later extended to October 25, 2017. (Doc. 10 at 5.) Plaintiff was

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warned that if he “fails to file an amended complaint, the action may be dismissed for failure to

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prosecute and failure to obey the Court’s order.” (Id.)

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Instead of filing an amended complaint, on October 13, 2017, Plaintiff filed a motion to transfer

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venue to the Northern District of California in Oakland, arguing that the transfer is appropriate because,

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among other things, he has moved from within the Eastern District to Oakland. (Doc. 11.) Transfer is

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inappropriate under the circumstances because there is no operative, viable complaint in this case.
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Under 28 U.S.C. § 1406(a), “[d]ismissal, rather than transfer, may be appropriate where

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the transfer would be futile because the case would be dismissed even after transfer.” Fowler v. Wells

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Fargo Bank, N.A., No. 10-3933-EDL, 2011 WL 175506, at *2 (N.D. Cal. Jan. 18, 2011). Unless and

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until Plaintiff files a complaint that states viable claims, this Court will not consider transferring his

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case to another district.

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Accordingly, Plaintiff’s motion to transfer is DENIED WITHOUT PREJUDICE.

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In an abundance of caution because Plaintiff is pro se, the deadline for Plaintiff to file an

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amended complaint is extended to November 101, 2017.
If Plaintiff fails to file an amended complaint by the new deadline, this case will be dismissed

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without prejudice for failure to comply with a Court order.

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IT IS SO ORDERED.

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Dated:

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October 20, 2017

/s/ Lawrence J. O’Neill _____

UNITED STATES CHIEF DISTRICT JUDGE

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The Court notes that Plaintiff has not filed a change of address and still provides his Bakersfield
address as the address of record on his motion to change venue. (See Doc. 11.)
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