No Slippy Hair Clippy, Inc. v. Almar Sales Co., Inc.,

Filing 35

ORDER signed by Judge John A. Mendez on 11/29/10 ORDERING that the Defendant's amended motion to dismiss for improper venue is denied without prejudice; Defendant's amended motion to transfer is denied without prejudice. (Becknal, R)

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Nick Heimlich (SBN 233232) Law Offices of Nicholas D. Heimlich 900 Lafayette Street, Suite 509 Santa Clara, CA 95050 Tel: [phone] Fax: [phone] Eml: [e-mail] Attorneys for Plaintiff NO SLIPPY HAIR CLIPPY, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION NO SLIPPY HAIR CLIPPY, INC., Plaintiff, vs. ALMAR SALES CO., INC., AND DOES 1-100, INCLUSIVE; Defendants. DATE: November 17, 2010 Time: 9:30 a.m. Courtroom: Courtroom 6, 14th Floor Judge: The Hon. John A. Mendez The Court has reviewed Defendant's MOTION TO DISMISS OR TRANSFER VENUE, and considered all admitted documents and arguments, declarations and exhibits submitted by the parties. Appearing at the motion hearing on November 17, 2010, was Ann Draper, as counsel for the Defendant, and Nick Heimlich as counsel for the Plaintiff. // // // 1/2 [PROPOSED] Order re: Motion to dismiss or transfer venue ORDER REGARDING DEFENDANT'S MOTION TO DISMISS FOR IMPROPER VENUE, OR TRANSFER Case No. 2:10-CV-01478-JAM-JFM Judge: John A. Mendez

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IT IS HEREBY ORDERED: 1. Defendant's amended motion to dismiss for improper venue under 28 U.S.C. § 1391(b), Fed. Rules of Civ. Proc. Rule 12(b)(3) and 28 U.S.C. § 1406 (a) is denied without prejudice. 2. Defendant's amended motion to transfer under 28 U.S.C. § 1404(a) is denied without prejudice.

Dated: November 29, 2010 /s/ John A. Mendez_______________________ Honorable Judge John A. Mendez U.S. District Court, Eastern District of California

2/2 [PROPOSED] Order re: Motion to dismiss or transfer venue PDF created with pdfFactory trial version www.pdffactory.com