Evans v. Myers et al
Filing
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ORDER OF INTRADISTRICT TRANSFER signed by Magistrate Judge Kendall J. Newman on 4/18/17 from Sacramento Case Number 2:17-mc-00059 WBS KJN (PS) to Fresno(1:17-mc-00023 DAD SAB)(Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOSH EVANS,
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No. 2:17-mc-0059-WBS-KJN PS
Plaintiff,
v.
ORDER
AQSEPTENCE GROUP, et al.,
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Defendants.
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Plaintiff Josh Evans, proceeding without counsel, commenced this miscellaneous action
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on April 12, 2017, in the Sacramento division of this district. (ECF No. 1.) It is unclear exactly
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what the nature of this miscellaneous action is. As far as the court can tell, plaintiff Josh Evans,
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purportedly acting as a sworn public official representing the State of California, commenced this
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action to file a “memorandum of adjudicatory determination” as to some type of dispute between
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a claimant named Timothy James Myers and defendant debtors Aqseptence Group, Mike
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Mehmert, and Cambria Breitkreutz.
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As an initial matter, the court has significant concerns regarding whether plaintiff has
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standing to bring this action and whether the court has subject matter jurisdiction over the action.
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However, the memorandum alleges that both plaintiff Josh Evans and the underlying claimant,
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Timothy Myers, are residents of Bakersfield, California in Kern County. In turn, the defendants
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are either residents of Bakersfield, California; Minnesota; or Colorado. Thus, the action, if it can
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be properly brought in federal court, should have been commenced in the Fresno division of this
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district. See E.D. Cal. L.R. 120(d). As such, transfer of the action to the Fresno division is
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appropriate. E.D. Cal. L.R. 120(f). This court leaves it to the court in the Fresno division to
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make any further determinations it deems necessary concerning the potential issues with standing
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and subject matter jurisdiction.
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Accordingly, IT IS HEREBY ORDERED that:
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1. This action is TRANSFERRED to the Fresno division of this district.
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2. The Clerk of Court shall close this case in the Sacramento division.
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Dated: April 18, 2017
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