Hacker v. Hacker

Filing 12

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:15-CV-0621 TLN AC PS) to Fresno (1:15-CV-1258 DJUNASSIGNED MJS) signed by Magistrate Judge Allison Claire on 4/13/2015. The Initial Scheduling Conference scheduled for 8/26/2015 is VACATED. [cc: Fresno Ops; Magistrate Judge Michael J. Seng] (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CASEY L. HACKER,

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No. 2:15-cv-0621 TLN AC (PS)

Plaintiff,
v.

TRANSFER ORDER

MICHAEL R. HACKER,
Defendant.

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This matter is scheduled for an Initial Scheduling Conference on August 26, 2015. In the

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parties’ Joint Status Report, defendant asserts, without objection from plaintiff, that Sacramento is

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not the proper venue for the action. ECF No. 11 ¶ D. A review of plaintiff’s First Amended

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Complaint (“complaint”) shows that Fresno is the proper venue for this case.

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Under the venue statute governing this action, plaintiff may bring this civil action in the

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federal district court for the judicial district in which the defendant resides, or where “a

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

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of property that is the subject of the action is situated.” 28U.S.C. § 1391(b)(1), (2). According to

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the complaint, defendant resides in Fresno County. Complaint ¶ 2. The property being sued over

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is in Fresno County, and all the relevant action alleged in the complaint took place in Fresno

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County. Complaint ¶¶ 9-60. That county is part of the Fresno Division of the United States

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District Court for the Eastern District of California. See E.D. Cal. R. (“Local Rule”) 120(d).
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Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper

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division of a court may, on the court’s own motion, be transferred to the proper division of the

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court. Therefore, this action will be transferred to the Fresno Division of the court.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The Initial Scheduling Conference scheduled for August 26, 2015, is VACATED;

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2. This action is transferred to the United States District Court for the Eastern District of

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California sitting in Fresno; and
3. All future filings shall reference the new Fresno case number assigned and shall be
filed at:
United States District Court
Eastern District of California
Robert E. Coyle Federal Courthouse
2500 Tulare Street
Fresno, CA 93721

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DATED: August 13, 2015

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