McIntyre v. Alternative Loan Trust 2006-OC10 et al

Filing 9

ORDER signed by District Judge Troy L. Nunley on 11/14/13 ORDERING the transfer of this case to this district was appropriate and plaintiff's 6 motion is therefore denied. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PHILLIP McINTYRE,

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Plaintiff,

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No. 2:13-cv-1597-TLN-EFB PS

v.

ORDER

ALTERNATIVE LOAN TRUST 2006OC10; THE BANK OF NEW YORK
MELLON fka THE BANK OF NEW
YORK as TURSTEE for
theALTERNATIVE LOAN TRUST 2006OC10; and DOES 1-10,
Defendants.

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Plaintiff initiated this action by filing a complaint in the United States District Court for

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the Southern District of New York. ECF No. 1. The case was transferred to this court because

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plaintiff is a resident of the County of Sacramento and the real property at issue in this case is

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located in Sacramento County. ECF No. 3. Plaintiff requests that this court transfer the case

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back to the district court in New York to allow that court to reconsider its order transferring the

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case. ECF No. 6. Petitioner contends that New York is a convenient forum because defendants

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are located in New York and New York state law is applicable to this case.

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A civil action may be commenced in “a judicial district in which a substantial part of the

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events or omissions giving rise to the claim occurred, or a substantial part of property that is the

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subject of the action is situated.” 28 U.S.C. § 1391(b)(2). “For the convenience of parties and

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witnesses, in the interest of justice, a district court may transfer any civil action to any other

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district or division where it might have been brought . . . .” 28 U.S.C. § 1404(a).

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The real property at issue in this action is located in Sacramento County. Witnesses and

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evidence necessary for the resolution are likely more available in this district. Accordingly,

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transfer of this case to this district was appropriate and plaintiff’s motion is therefore denied.

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DATED: November 14, 2013

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Troy L. Nunley
United States District Judge

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