Vigil v. Waste Connections, Inc.

Filing 12

ORDER signed by Judge Kimberly J. Mueller on 3/13/2015. This action is TRANSFERRED to the USDC - District of Nebraska. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY VIGIL and LORI VIGIL,

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No. 2:14-cv-02383-KJM-CKD

Plaintiffs,
v.

ORDER

WASTE CONNECTIONS, INC.,
Defendant.

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On February 11, 2015, the court issued an order denying Anthony and Lori Vigil’s

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motion to remand this case to Sacramento County Superior Court and ordered the parties to show

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cause within fourteen days why the case should not be transferred to the District of Nebraska

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under 28 U.S.C. §§ 1404(a) or 1406(a). ECF No. 10. The parties have not responded to the

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court’s order to show cause.

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District courts in this circuit may raise the issue of improper venue sua sponte and

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transfer a case as provided by 28 U.S.C. § 1406(a), “so long as the parties are first given the

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opportunity to present their views on the issue.” Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir.

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1986). Section 1406(a) provides, “The district court of a district in which is filed a case laying

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venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer

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such case to any district or division in which it could have been brought.” Unless otherwise
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provided by law, “A civil action may be brought in . . . a judicial district in which any defendant

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resides” or “a judicial district in which a substantial part of the events or omissions giving rise to

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the claim occurred . . . .” 28 U.S.C. § 1391(b). For purposes of venue, natural persons reside in

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the place of their domicile, and defendant corporations reside “in any judicial district in which

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such defendant is subject to the court’s personal jurisdiction with respect to the civil action in

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question.” Id. § 1391(c)(1)–(2).

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If venue is proper, a district court may nonetheless “transfer any civil action to any

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other district or division where it might have been brought” “[f]or the convenience of parties and

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witnesses, in the interest of justice.” 28 U.S.C. § 1404(a). A court may order such a transfer on

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its own motion. See Costlow, 790 F.2d at 1488; Muldoon v. Tropitone Furniture Co., 1 F.3d 964,

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965 (9th Cir. 1993).

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The Eastern District of California is the wrong venue for this action. No events

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are alleged to have occurred in California, the parties are residents of Nebraska and Texas, and

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California law does not appear to apply to the Vigils’ claims. See Order Feb. 11, 2015, at 1–2,

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ECF No. 10. The parties agree the alleged accident here occurred in the District of Nebraska.

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See Compl., Nguyen Decl. Ex. 1, at 5, ECF No. 5-3; Def.’s Opp’n Mot. Remand 2:25–27, ECF

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No. 6. Venue is proper in that District. After many more than the fourteen days allowed, the

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parties have not explained why this case should be litigated in this District rather than the District

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of Nebraska.

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For these reasons, and in the interests of justice, this action is TRANSFERRED to
the District of Nebraska.
IT IS SO ORDERED.
DATED: March 13, 2015.

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UNITED STATES DISTRICT JUDGE

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