Williams et al v. County of Kern

Filing 38

VACATING DISMISSAL AND ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE TRANSFERRED TO EASTERN DISTRICT OF CALIFORNIA. Show Cause Response due by 10/31/2013. Responses due by 11/14/2013. Replies due by 11/21/2013. Signed by Judge Jon S. Tigar on October 17, 2013. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 10/17/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LACHANA WILLIAMS, et al.,

Case No. 13-cv-00508-JST

Plaintiffs,
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ORDER VACATING DISMISSAL AND

v.
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COUNTY OF KERN,
Defendant.

ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE TRANSFERRED TO
EASTERN DISTRICT OF CALIFORNIA

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NOTICE TO ALL PARTIES OF ORDER TO SHOW CAUSE WHY CASE
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SHOULD NOT BE TRANSFERRED TO EASTERN DISTRICT OF CALIFORNIA:
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United States District Court
Northern District of California

This Court previously dismissed this action for want of subject matter jurisdiction on
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October 15, 2013, ECF No. 36, because Plaintiff Rupert Williams stated at a case management
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conference held October 11, 2013, that he is a resident of California. Mr. Williams has since filed
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a notice declaring that he is actually a permanent resident of New Jersey, that his service address is
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in Florida, and that he resided in Richmond, California temporarily. ECF No. 37 (October 16,
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2013). The Court’s prior order dismissing the case, ECF No. 36 is therefore VACATED.
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However, because the only remaining Defendant in this action is the Kern County Fire
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Department, which is located in the jurisdiction of the Eastern District Court of California, and
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because no party is located in this district, the Court hereby ORDERS the parties to show cause
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why this action should not be transferred to the Eastern District of California pursuant to
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28 U.S.C. § 1404 for the convenience of parties and witnesses and in the interest of justice.
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Plaintiffs may respond to this Order in writing by no later than October 31, 2013.

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Defendant Kern County may respond by November 14, 2013. Plaintiffs may reply by November

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21, 2013. The Court will then take the matter under submission absent further order of the Court.

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IT IS SO ORDERED.
Dated: October 17, 2013
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JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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