Chan et al v. Doctors Hospital Modesto et al

Filing 25

ORDER to SHOW CAUSE signed by Judge Morrison C. England, Jr. on 10/26/2012 ORDERING the USA is ORDERED to file a memorandum with the Court within 10 days from the date of this order is electronically filed showing why venue in the USDC sitting in Sacramento is proper under Local Rules; Motion Hearings Reset for 11/15/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. re 10 Motion to Remand, 5 Motion to Dismiss. (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PEN CHAN and JAMIE CHAVEZ,
a minor by and through his
Guardian Ad Litem, YOLANDA
TORRES,

NO. 2:12-cv-01359-MCE-CKD

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Plaintiffs,
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v.

ORDER TO SHOW CAUSE

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DOCTORS HOSPITAL MODESTO,
et al.,

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Defendants.
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Pursuant to Local Rule 120(f), “[w]henever in any action the

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court finds upon its own motion . . . that an action has not been

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commenced in the proper court in accordance with this Rule . . .

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the court may transfer the same to another venue within the

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District.”

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by Plaintiffs in the Superior Court of California in and for

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Stanislaus County.

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America removed the action to this Court pursuant to 42 U.S.C. §

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233(c) and 28 U.S.C. §§ 1441, 2679(d)(2).

The Complaint in this matter was originally brought

On May 18, 2012, Defendant United States of

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(ECF No. 1.)

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Examination of Plaintiff’s Complaint shows that the alleged

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wrongdoing arose at Doctors Hospital Modesto, which is situated

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in Modesto, California.

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Stanislaus County, which is part of the Fresno Division of the

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Unites States Court for the Eastern District of California.

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Local Rule 120(d).

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County shall be commenced in Fresno.

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The City of Modesto is located within

See

All civil actions arising in Stanislaus
Id.

Because it appears from the Complaint that this action was
not commenced in the proper court, Defendant United States of

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America is ordered to file a memorandum with the Court within ten

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(10) days from the date of this Order is electronically filed

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showing why venue in the United States District Court sitting in

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Sacramento is proper under the Local Rules.

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to file such memorandum, the Court will transfer the instant

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action to the United States District Court sitting in Fresno.

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The Court will take no further action in this case until the

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question of proper venue has been resolved.

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If Defendant fails

In light of this ruling, the hearing on Defendant’s Motion

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to Dismiss (ECF No. 5) and Plaintiff’s Motion to Remand (ECF

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No. 10), currently scheduled for November 1, 2012, is hereby

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vacated and continued to November 15, 2012, at 2 p.m.

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IT IS SO ORDERED.
Dated: October 26, 2012

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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