Regalado v. City of Salinas et al

Filing 6

ORDER granting 5 Motion to Change Venue signed by District Judge Kimberly J. Mueller on 2/28/17: This case is transferred to the United States District Court for the Northern District of California. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE REGALADO,

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CASE NO.: 2:17-cv-00096-KJM-EFB

Plaintiffs,
v.
CITY OF SALINAS, a municipal
corporation; STEPHEN CRAIG,
individually and in his capacity as an
officer for the City of Salinas Police
Department; CARLO CALUPAD,
individually and in his capacity as an
officer for the City of Salinas Police
Department; CAMERON MURPHY,
individually and in his capacity as an
officer for the City of Salinas Police
Department; and DOES 1-50, inclusive,
individually, jointly and severally,

ORDER

Defendants.

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On January 17, 2017, plaintiff Jose Regalado filed this case in the Eastern District

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of California. Compl., ECF No. 1. Regalado now moves to transfer this case to the Northern

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District of California, explaining that the case was inadvertently filed in this court. Mot., ECF

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No. 5. As Regalado explains, defendant City of Salinas and Regalado are both located in the

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Northern District. Id. at 1–2. In addition, no substantial part of the events part of the events or

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omissions giving rise to Regalado’s claims occurred in this District. Id. at 2; see generally
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Compl. Regalado’s motion was filed before City of Salinas answered the complaint or otherwise

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appeared in this court.

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Because no party to the action is located in the Eastern District, and because no

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substantial part of the events giving rise to the complaint occurred in the Eastern District, the

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court finds venue is improper in this District. See 28 U.S.C. § 1391(e)(1)(A)–(C). The court

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finds it is in the interest of justice to transfer this case to the district where all parties in this action

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appear to be located. See 28 U.S.C. § 1406(a); see also 28 U.S.C. § 1404(a) (permitting transfer

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for the convenience of the parties). Accordingly, the court GRANTS the motion. This case is

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transferred to the United States District Court for the Northern District of California.

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This order resolves ECF No. 5.

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IT IS SO ORDERED.

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DATED: February 28, 2017

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UNITED STATES DISTRICT JUDGE

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