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

Filing 12

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE TRANSFERRED FOR IMPROPER VENUE (Illston, Susan) (Filed on 9/24/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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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,

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No. C 13-01729 SI

v.

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EVEREST FURNITURE COMPANY and
DOES 1-20,

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Defendants.

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On April 17, 2013, plaintiff Triumph filed this breach of contract action, alleging that Everest

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had failed to pay for furniture that Triumph had delivered to Everest. Everest did not answer or respond

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to the complaint, and Triumph was granted and entry of default by the clerk, and has moved for default

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judgment.

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Triumph is a Vietnamese corporation, and Everest is a corporation based in Fresno, California

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which is located in the Eastern District of California. Triumph has not alleged any facts that would

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show that venue is proper in this district, the Northern District of California. See 28 U.S.C. § 1391.

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Accordingly, plaintiff is ORDERED TO SHOW CAUSE in writing by no later than October 3,

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2013, why this case should not be transferred for improper venue. If plaintiff does not respond

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adequately by October 3, 2013, this action will be transferred to the Eastern District of California for

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further proceedings.

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IT IS SO ORDERED.

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Dated: September 24, 2013
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SUSAN ILLSTON
United States District Judge