Silvers v. Hartford Life and Accident Ins. Co.

Filing 46

ORDER Re: INTRADISTRICT TRANSFER To Sacramento, signed by Chief Judge Anthony W. Ishii on 1/11/2009. Sacramento case number is 2:09-cv-97-FCD-JFM.(Scrivner, E)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 On May 25, 2007, CCPOA Benefit Trust Health and Welfare Plan removed the above 19 entitled action to this Court on the basis of diversity. A case is to be removed to the district and 20 division that embraces the location were the action is pending. 28 U.S.C. §1441(a); 28 U.S.C. 21 §1446(a). Judith Lourene Silvers filed this action originally in the Superior Court of Shasta 22 California. Under the local rules of the Eastern District, 23 24 25 26 27 28 All civil and criminal actions and proceedings of every nature and kind cognizable by the United States District Court for the Eastern District of California arising in Calaveras, Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merced, Stanislaus, Tulare and Tuolumne counties shall be commenced in the United States District Court sitting in Fresno, California, and in Bakersfield, Yosemite National Park or other designated places within those counties as the Court shall designate when appropriate for Magistrate Judge criminal proceedings. All civil and criminal actions and legal proceedings of every nature and kind cognizable in the United States District Court for the Eastern District of California arising in Alpine, Amador, Butte, Colusa, El Dorado, Glenn, Lassen, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, 1 JUDITH LOURENE SILVERS, ) ) Plaintiff, ) ) v. ) ) CCPOA BENEFIT TRUST HEALTH ) AND WELFARE PLAN, ) ) Defendant. ) ____________________________________ ) CIV-F-07-0781 AWI DLB ORDER RE: INTRADISTRICT TRANSFER TO SACRAMENTO UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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Solano, Sutter, Tehama, Trinity, Yolo and Yuba counties shall be commenced in Sacramento, California, and in Redding or other designated places within those counties as the Court shall designate when appropriate for Magistrate Judge criminal proceedings. Local Rule 3-120(d), emphasis added. Local Rule 3-120(f) states: "Whenever in any action the Court finds upon its own motion, motion of any party, or stipulation that an action has not been commenced in the proper Court in accordance with this Rule, or for other good cause, the Court may transfer the same to another venue within the District." Since Fresno is not the proper 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 January 11, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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