Triumph Furniture Processing-Export Joint Stock Company v. Everest Furniture Company

Filing 12


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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 TRIUMPH FURNITURE PROCESSINGEXPORT JOINT STOCK COMPANY, United States District Court For the Northern District of California ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE TRANSFERRED FOR IMPROPER VENUE Plaintiff, 10 11 No. C 13-01729 SI v. 12 EVEREST FURNITURE COMPANY and DOES 1-20, 13 Defendants. / 14 15 On April 17, 2013, plaintiff Triumph filed this breach of contract action, alleging that Everest 16 had failed to pay for furniture that Triumph had delivered to Everest. Everest did not answer or respond 17 to the complaint, and Triumph was granted and entry of default by the clerk, and has moved for default 18 judgment. 19 Triumph is a Vietnamese corporation, and Everest is a corporation based in Fresno, California 20 which is located in the Eastern District of California. Triumph has not alleged any facts that would 21 show that venue is proper in this district, the Northern District of California. See 28 U.S.C. ยง 1391. 22 Accordingly, plaintiff is ORDERED TO SHOW CAUSE in writing by no later than October 3, 23 2013, why this case should not be transferred for improper venue. If plaintiff does not respond 24 adequately by October 3, 2013, this action will be transferred to the Eastern District of California for 25 further proceedings. 26 IT IS SO ORDERED. 27 Dated: September 24, 2013 28 SUSAN ILLSTON United States District Judge

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