Olson v. Lincoln Financial Group et al

Filing 7

ORDER of INTRADISTRICT TRANSFER signed by Magistrate Judge Edmund F. Brennan on 5/9/2013 CASE TRANSFERRRED to FRESNO Division: New Case Number 1:13-CV-685 AWI MJS (PS); Sacramento Case Number 2:13-CV-767 TLN EFB (PS). (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JON W. OLSON,
Plaintiff,

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No. 2:13-cv-767-TLN-EFB PS

vs.
LINCOLN FINANCIAL GROUP,
LINK-ALLEN BENEFIT GROUP,

ORDER

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Defendants.
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/

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This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to

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Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On April 19,

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2013, defendants removed the action to this court from Stanislaus County Superior Court, on the

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grounds that the action arises under the Employee Retirement Income Security Act of 1974, as

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amended (“ERISA”), 29 U.S.C. §§ 1001 et seq. Notice of Removal, Dckt. No. 1. Upon review

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of the action, it appears that in addition to being removed from Stanislaus County, plaintiff

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resides in Stanislaus County and alleges that the contract at issue was to be performed in

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Stanislaus County and a defendant’s principal place of business is in Stanislaus County. Compl.,

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Dckt. No. 1-1, at 5; see also Notice of Removal at 3 (contending that venue in the Eastern

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District of California is proper); 29 U.S.C. § 1132(e)(2) (“Where an action under this subchapter

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is brought in a district court of the United States, it may be brought in the district where the plan
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is administered, where the breach took place, or where a defendant resides or may be found, and

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process may be served in any other district where a defendant resides or may be found.”).

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Therefore, the case should have been removed to the district court sitting in Fresno pursuant to

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Eastern District of California Local Rule 120(d), and will be transferred to Fresno pursuant to

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Local Rule 120(f). L.R. 120(d) (“All civil and criminal actions and proceedings of every nature

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and kind cognizable in the United States District Court for the Eastern District of California

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arising in . . . Stanislaus [County] shall be commenced in the United States District Court sitting

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in Fresno, California”); L.R. 120(f) (“Whenever in any action the Court finds upon its own

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motion, motion of any party, or stipulation that the action has not been commenced in the proper

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court in accordance with this Rule, or for other good cause, the Court may transfer the action to

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another venue within the District.”).

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Accordingly, IT IS HEREBY ORDERED that:

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1. This action is transferred to Fresno division of this court;

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2. All dates currently set in this action are vacated;

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3. The Clerk of Court shall assign a new case number; and

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4. All future filings shall bear the new case number and shall be filed at:

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United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721

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DATED: May 9, 2013.

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