Arnold v. Marriott International, Inc. et al

Filing 12

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:09-CV-1962 MCE EFB) to Fresno (1:09-CV-1644 AWI SMS) signed by Judge Morrison C. England, Jr. on 9/15/2009. (Marciel, M)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 ----oo0oo---The Complaint in this matter is brought on behalf of Plaintiff Connie Arnold, a physically disabled person who requires use of a wheelchair for mobility. Plaintiff alleges v. MARRIOTT INTERNATIONAL,INC. dba FAIRFIELD INN MARRIOTTVISALIA; W2005/FARGO HOTELS (POOL C) REALTY L.P., and DOES 1 through 35, inclusive, CONNIE ARNOLD, NO. 2:09-cv-01962-MCE-EFB Plaintiff, ORDER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA that a hotel facility owned or operated by Defendants in Tulare County, California, failed to provide access consistent with the Americans with Disabilities Act Accessibility Guidelines ("ADAAG"), as well as various provisions of state law. premises venue on the fact that Plaintiff's resulting accessibility difficulties arise from real property and related facilities located in the County of Tulare. 1 (Compl., 3). Plaintiff 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 Tulare County is part of the Fresno Division of the United States Court for the Eastern District of California. Rule 3-120(b). See Local This action was originally brought by Plaintiff On July 16, 2009, Defendants removed the in Tulare County. matter to the Sacramento Division of this court. Pursuant to Local Rule 3-120(f), any civil action which has not been commenced in the proper court may, on the court's own motion, be transferred to the proper court. The instant case was Therefore improperly removed to Sacramento, rather than Fresno. this action will be transferred to the Fresno Division of the court. IT IS SO ORDERED. Dated: September 15, 2009 _____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 2

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