Warden v. Allied Insurance et al.
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/28/16: This matter is transferred to the United States District Court, Central District of California, Northern Division. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LEW WARDEN,
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No. 2:16-cv-2264 MCE CKD PS
Plaintiff,
v.
ORDER
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ALLIED INSURANCE, et al.,
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Defendants.
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The federal venue statute provides that a civil action may be brought only in “(1) a
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judicial district where any defendant resides, if all defendants are residents of the State in which
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the district is located; (2) a judicial district in which a substantial part of the events or omissions
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giving rise to the claim occurred, or a substantial part of property that is the subject of the action
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is situated; or (3) if there is no district in which an action may otherwise be brought as provided in
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this section, any judicial district in which any defendant is subject to the court’s personal
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jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).
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In this action, plaintiff alleges claims arising out of the cremation of his wife’s remains
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and a subsequent lawsuit arising therefrom. The state court action was venued in Santa Barbara,
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California. Therefore, plaintiff’s claim should have been filed in the United States District
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Court, Central District of California. In the interest of justice, a federal court may transfer a
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complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v.
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McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United
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States District Court, Central District of California, Northern Division.
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Dated: September 28, 2016
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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