Anello v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 1/2/2018 ORDERING that this action, as well as the pending motion to proceed in forma pauperis (ECF No. 2) is TRANSFERRED to the United States District Court for the Northern District of California pursuant to 28 U.S.C. § 1404(a); the Clerk of Court is directed to administratively close the case in this district. CASE CLOSED (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIA J. ANELLO

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No. 2:17-cv-2441-KJN (PS)

Plaintiff,
v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.

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Plaintiff Maria Anello, a service representative at the Social Security Administration’s

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Santa Rosa, California Field Office, filed the instant action alleging employment discrimination

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by the Commissioner of Social Security. (ECF No. 1.) Plaintiff resides in Rohnert Park,

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California.

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Even assuming, without deciding, that venue is not strictly improper in this district, the

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court finds that a transfer of venue pursuant to 28 U.S.C. § 1404(a) is nonetheless warranted. 28

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U.S.C. § 1404(a) provides that “[f]or the convenience of parties and witnesses, in the interest of

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justice, a district court may transfer any civil action to any other district or division where it might

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have been brought or to any district or division to which all parties have consented.” Here,

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although the Commissioner of Social Security has a nationwide presence, plaintiff’s place of
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employment where the events at issue allegedly took place is located in the Northern District of

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California. As such, most of the witnesses and evidence concerning plaintiff’s claims would also

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be located in that district. Additionally, given that plaintiff herself resides in the Northern District

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of California, that district would logically be more convenient for plaintiff, and no less convenient

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for the Commissioner of Social Security, than the Eastern District of California. Therefore, on

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balance, the interest of justice militates in favor of venue in the Northern District of California.

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Accordingly, IT IS HEREBY ORDERED that:

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1. This action, as well as the pending motion to proceed in forma pauperis (ECF No. 2)

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is TRANSFERRED to the United States District Court for the Northern District of
California pursuant to 28 U.S.C. § 1404(a).
2. The Clerk of Court is directed to administratively close the case in this district.
Dated: January 2, 2018

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