Kastiro et al v. Serra Medical Transportation Inc et al

Filing 11

ORDER granting 5 Motion to Change Venue signed by Judge Garland E. Burrell, Jr on 1/8/15. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ASHOUR KASTIRO, ODAY
ALSOLTANI, SAID NATSHEH,
ALHARETH ALI ALOUDI, and
REYADH ALMEHAMEDAWY,

v.

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ORDER GRANTING PLAINTIFFS’
MOTION TO TRANSFER VENUE TO THE
NORTHERN DISTRICT OF CALIFORNIA*

Plaintiffs,

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No. 2:14-cv-02784-GEB-EFB

SERRA MEDICAL TRANSPORTATION,
INC.; SERRA YELLOW CAB; TALIB
SALAMIN; and DOES 1-20,
Defendants.

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Plaintiffs

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to

the

move

an

District of California[,]” asserting the Complaint was improperly

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filed in the Eastern District “due to an administrative error.”

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(Mot. 2:2-12, ECF No. 5.) Plaintiffs allege in the Complaint:

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“[v]enue

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pursuant to 28 U.S.C. § 1331(b). Most, if not all Members of

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Plaintiffs’ putative class and proposed collective action reside

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in California and this District.” (Compl., ¶ 7.) Plaintiffs argue

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transfer

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additional

is

in

filing

the

the

Northern

interest

fees

and

of

Court

District

justice

potential

for

the

th[is]

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in

District

“transfer[ring]

action

proper

States

order

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is

United

for

of

because

statute

of

Northern

California

it

avoids

limitations

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*

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The hearing on January 20, 2015 is vacated pursuant to E.D. Cal. R.
230(g) since this matter is suitable for decision without oral argument.

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issues, and would not prejudice Defendants since they have not

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yet been served. (Mot. 2:5-9; 2:26-27; 3:1-2; Sutton Decl. ISO

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Transfer of Venue, ¶¶ 2-3, ECF No. 5-2.)

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“The district court of a district in which is filed a

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case

laying

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dismiss, or if it be in the interests of justice, transfer such

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case to any district or division in which it could have been

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brought.”

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justice requires transferring the case to the proper venue rather

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than dismissing the case.” Leroy-Garcia v. Brave Arts Licensing,

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No. C-13-01181 LB, 2013 WL 4013869, *4 (N.D. Cal. Aug. 5, 2014).

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A court may consider the “age of [an] action,” and “delay and

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expense involved in re-filing” in a new district when considering

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transfer of venue. Johnson v. Law, 19 F. Supp. 3d 1004, 1010

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(S.D. Cal. 2014.)

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venue

U.S.C.

in

§

the

wrong

1406(a).

division

or

“Ordinarily,

district

the

shall

interest

of

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The interests of justice favor transferring this case

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to the Northern District of California. Therefore, the Clerk of

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Court shall transfer this case and the action shall be closed.

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Dated:

January 8, 2015

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