Reyes v. Premier Home Funding, Inc. et al

Filing 173

ORDER TO SHOW CAUSE WHY THIS ASE SHOULD NOT BE TRANSFERRED. Show Cause Response due by 2/21/2014. Signed by Judge JEFFREY S. WHITE on 2/6/14. (jjoS, COURT STAFF) (Filed on 2/6/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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BERNARDO REYES,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 08-04606 JSW

v.
PREMIER HOME FUNDING, INC., et al.,

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ORDER TO SHOW CAUSE WHY
THIS CASE SHOULD NOT BE
TRANSFERRED

Defendants.
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Related Third-Party Claims.
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In the motion to reopen this action, defendant, formerly World Savings Bank, FSB,

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renamed to Wachovia Mortgage, FSB and now merged into Wells Fargo Bank, N.A. (“Wells

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Fargo”) requested that this action be transferred to the Central District of California. However,

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Wells Fargo has since clarified that it does not intend to formally move to transfer this action,

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despite the fact that all of the witnesses and the remaining parties, except for one in Texas,

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either reside in are or headquartered in the Central District of California. Courts may “transfer

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a case sua sponte under the doctrine of forum non conveniens, as codified at 28 U.S.C. §

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1404(a), so long as the parties are first given the opportunity to present their views on the

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issue.” Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986).

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Pursuant to 28 U.S.C. § 1404(a), a district court may transfer a civil action to any district

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where the case could have been filed originally, for the convenience of the parties and

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witnesses, and in the interest of justice. District courts use a two-step analysis to determine
whether

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transfer is proper. Step one considers the threshold question of whether the action might have

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been brought in the district to which transfer is sought. Id. If venue is proper in the transferee

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district, the district court has discretion “to adjudicate motions for transfer according to an

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individualized, case-by-case consideration of convenience and fairness.” Steward Org., Inc. v.

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Ricoh Corp., 487 U.S. 22, 29 (1988). The court considers relevant factors, such as the

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plaintiff’s choice of forum, the local interest in the issue, the relative ease of access to evidence,

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the availability of compulsory process for unwilling witnesses and the cost involved in securing

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willing witnesses, the familiarity of each forum with applicable law, and the relative court

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congestion in each forum. Decker Coal. Co. v. Commonwealth Edison Co, 805 F.2d 834, 843

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For the Northern District of California

United States District Court

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(9th Cir. 1986) (citing Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508-09 (1947)).
The Court is providing the parties to present their views on this issue through this Order

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to Show Cause (“OSC”). The parties are HEREBY ORDERED to Show Cause in writing by no

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later than February 21, 2014 why this case should not be transferred to the Central District of

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

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The Court FURTHER ORDERS that the case management conference currently set for

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February 14, 2014 is VACATED. The Court will reschedule the case management conference

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if necessary at a later date.

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IT IS SO ORDERED.

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Dated: February 6, 2014
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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BERNARDO REYES,

Case Number: CV08-04606 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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PREMIER HOME FUNDING, INC, ET AL
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Defendant.

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For the Northern District of California

United States District Court

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12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
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That on February 6, 2014, I SERVED a true and correct copy(ies) of the attached, by
14 placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
15 inter-office delivery receptacle located in the Clerk's office.
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17 G.M. Candelario
Joel Madera Candelario
18 8592 Fairmont Circle
Westminster, CA 92683
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21 Dated: February 6, 2014
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk