Shwartzmiller et al v. Brown et al

Filing 9

ORDER REOPENING CASE; ORDER OF TRANSFER. Signed by Judge Richard Seeborg on 5/28/13. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 5/28/2013)

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*E-Filed 5/28/13*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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DEAN A. SCHWARTZMILLER, et al.,
Plaintiffs,

United States District Court
For the Northern District of California

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No. C 13-1582 RS (PR)
ORDER REOPENING ACTION;

v.

ORDER OF TRANSFER

EDMUND G. BROWN, et al.,
Defendants.
/

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Plaintiff’s motion to alter the judgment (Docket No. 8), which the Court construes as a

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motion to reopen the action, is GRANTED. The judgment (Docket No. 7), and the order of

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dismissal (Docket No. 6), are VACATED.

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Plaintiffs, whose claims arise from events in the County of San Diego, first sought to

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intervene in Plata v. Brown, 01-1351-TEH. Now they wish to initiate a new class action.

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Pursuant to 28 U.S.C. § 1406(a), this federal civil rights action is hereby TRANSFERRED to

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the Southern District of California, wherein venue properly lies because a substantial part of

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the events or omissions giving rise to the claims occurred, and the defendants named reside,

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in that district. See 28 U.S.C. §§ 84(b) and 1391(b). The Clerk shall transfer this action

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forthwith. The Clerk shall terminate Docket No. 8.

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IT IS SO ORDERED.
DATED: May 28, 2013
RICHARD SEEBORG
United States District Judge

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No. C 13-1582 RS (PR)
ORDER OF TRANSFER