Mizerik v. Commissioner of Social Security

Filing 12

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/22/18 ORDERING that this action is TRANSFERRED to the United States District Court for the Northern District of California. (Benson, A.)

1 JOSEPHINE M. GERRARD (CBN 303221)
2 Gerrard Law Offices
1791 Solano Avenue, Suite F01
3 Berkeley, California 94707
4 Tel [phone]
Fax [phone]
5 [e-mail]
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONALD JOSEPH MIZERIK,

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Plaintiff.
vs.

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NANCY A. BERRYHILL,

Case No. 2:17-cv-02335 CKD
STIPULATION AND ORDER TO
TRANSFER VENUE TO UNITED
STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF
CALIFORNIA

Acting Commissioner of Social
Security,
Defendant.

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Stipulation to transfer venue to the U.S. Northern District Court of California

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STIPULATION TO TRANSFER VENUE

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Pursuant to 28 U.S.C. § 1404(a), Plaintiff Donald Joseph Mizerik and

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Defendant Commissioner of Social Security through their counsel of record,

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file this stipulation to transfer venue to the United States District Court of

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Northern California pursuant to 28 U.S.C. § 1404(a).

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In support therefore, respectfully show:

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On November 8, 2017 Plaintiff filed a Complaint against Defendant in the

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Eastern District with a Civil Cover sheet stating Plaintiff resides in Santa Clara

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County. Attorney’s legal assistant inaccurately believed Santa Clara County was

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within the venue of the Eastern District. Plaintiff paid court fees timely and

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served Defendant appropriately.

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19 On February 20, 2018 Defendant’s Counsel detected the error. Plaintiff and
20 Defendant stipulated to a change in venue and the proposed order is attached.
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22 Respectfully Submitted,
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Josephine M. Gerrard, Attorney for Plaintiff

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Donald Joseph Mizerik

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Stipulation to transfer venue to the U.S. Northern District Court of California

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2 In light of the above, the instant action could have been brought in the
3 Eastern District of California and a transfer of venue to that district is appropriate.
4 It is so stipulated:
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By:

/s/ Josephine Gerrard

Dated: February 20, 2018
JOSEPHINE M. GERRARD
Gerrard Law Offices
1791 Solano Avenue, Suite
F01 Berkeley, California 94707
Tel [phone]
Fax [phone]

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[e-mail]

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/s/ Ellinor R. Coder( by phone)
ELLINOR R. CODER
Special Assistant
U.S. Attorney Attorneys for Defendant

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Edward Alan Olsen , ss
United States Attorney

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Stipulation to transfer venue to the U.S. Northern District Court of California

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ORDER

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The Court finds that venue would be proper in the Northern District of

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California, that a transfer would serve the convenience of the parties and that a

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transfer would promote the interest of justice. Accordingly, pursuant to 28

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U.S.C. 1404(a) and the stipulation of the parties, this action is transferred to

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

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IT IS SO ORDERED.

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Dated: February 22, 2018
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Stipulation to transfer venue to the U.S. Northern District Court of
California