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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT VALENTE, Plaintiff, 12 13 14 15 16 17 v. KELLER WILLIAMS REALTY, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) 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 18 liable for civil rights violations, deceit, negligent misrepresentation, constructive fraud, negligence, loss 19 of consortium, intentional infliction of emotional distress, and negligent infliction of emotional distress 20 related to the purchase of a home in Tennessee. His Complaint was dismissed with leave to amend on 21 September 8, 2017, and Plaintiff was given until October 8, 2017 to file an amended complaint. (Doc. 22 6.) The deadline for amendment was later extended to October 25, 2017. (Doc. 10 at 5.) Plaintiff was 23 warned that if he “fails to file an amended complaint, the action may be dismissed for failure to 24 prosecute and failure to obey the Court’s order.” (Id.) 25 Instead of filing an amended complaint, on October 13, 2017, Plaintiff filed a motion to transfer 26 venue to the Northern District of California in Oakland, arguing that the transfer is appropriate because, 27 among other things, he has moved from within the Eastern District to Oakland. (Doc. 11.) Transfer is 28 inappropriate under the circumstances because there is no operative, viable complaint in this case. 1 1 Under 28 U.S.C. § 1406(a), “[d]ismissal, rather than transfer, may be appropriate where 2 the transfer would be futile because the case would be dismissed even after transfer.” Fowler v. Wells 3 Fargo Bank, N.A., No. 10-3933-EDL, 2011 WL 175506, at *2 (N.D. Cal. Jan. 18, 2011). Unless and 4 until Plaintiff files a complaint that states viable claims, this Court will not consider transferring his 5 case to another district. 6 Accordingly, Plaintiff’s motion to transfer is DENIED WITHOUT PREJUDICE. 7 In an abundance of caution because Plaintiff is pro se, the deadline for Plaintiff to file an 8 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 9 10 without prejudice for failure to comply with a Court order. 11 12 IT IS SO ORDERED. 13 Dated: 14 October 20, 2017 /s/ Lawrence J. O’Neill _____ UNITED STATES CHIEF DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 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.) 2

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