Mark Juarez v. Scottsdale Insurance Company

Filing 8

ORDER, INTRADISTRICT TRANSFER to Sacramento. New Case number 2:07-CV-931 WBS DAD, signed by Judge Anthony W. Ishii on 5/16/07. (Hellings, J)

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(TAG) Mark Juarez v. Scottsdale Insurance Company Doc. 8 Case 2:07-cv-00931-WBS-DAD 1 2 3 4 5 6 7 Document 8 Filed 05/17/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 On May 11, 2007, Scottsdale Insurance Co. removed the above entitled action to this 18 19 district and division that embraces the location were the action is pending. 28 U.S.C. 1441(a); 20 28 U.S.C. 1446(a). Plaintiff filed this action originally in the Superior Court of Siskiyou 21 California. Siskiyou County borders Oregon and is in the Sacramento Division of the Eastern 22 District of California. See Local Rule 3-120(d). Local Rule 3-120(f) reads in relevant part, 23 "Whenever in any action the Court finds upon its own motion . . . that an action has not been 24 commenced in the proper court in accordance with this Rule . . . the Court may transfer the same 25 to another venue within the District." Local Rule 3-120(f). Since Fresno is not the proper 26 27 28 T h e notice of removal indicates 28 U.S.C. 1441(b). However, the notice clearly relies on diversity j u r is d i c t io n , so removal was actually based on 28 U.S.C. 1441(a), not 1441(b). See 28 U.S.C. 1441; Lively v. W i l d Oats Mkts, Inc., 456 F.3d 933, 935 n.1 (9th Cir. 2006). 1 ) ) Plaintiffs, ) v. ) ) SCOTTSDALE INSURANCE CO., and ) DOES 1-25, ) ) Defendants. ) ____________________________________) MARK JUAREZ, CIV F 07-701 AWI (NEW) TAG ORDER TRANSFERRING CASE TO SACRAMENTO DIVISION OF THE EASTERN DISTRICT OF CALIFORNIA Court on the basis of diversity under 28 U.S.C. 1441(a).1 A case is to be removed to the Dockets.Justia.com Case 2:07-cv-00931-WBS-DAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 daw Document 8 Filed 05/17/2007 Page 2 of 2 division within the Eastern District of California for this case, the Court will transfer this case to the Sacramento Division. See Local Rule 3-120. Accordingly, IT IS HEREBY ORDERED that this case is forthwith transferred to the Sacramento Division of this District. IT IS SO ORDERED. Dated: 0m8i78 May 16, 2007 /s/ Anthony W. Ishii UNITED STATES DISTRICT JUDGE 2

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