Mazzei et al v. Regal Entertainment Group et al

Filing 14

ORDER TO SHOW CAUSE re: venue. Parties to file stipulation and proposed order or show cause responses by 08/12/13. Replies due 08/19/13. Hearing set for 09/09/13 at 10:00 AM. Signed by Judge Thelton E. Henderson on 07/29/13. (tehlc3, COURT STAFF) (Filed on 7/29/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 KELLEY MAZZEI, et al., 6 Plaintiffs, 7 8 v. REGAL ENTERTAINMENT GROUP, et al., NO. C13-2867 TEH ORDER TO SHOW CAUSE RE: VENUE 9 Defendants. 11 For the Northern District of California United States District Court 10 12 Plaintiffs allege that venue is proper in this district because “Defendants reside, 13 transact business, or have offices in [San Francisco County] and the acts and omissions 14 alleged herein took place in this county.” First Am. Compl. ¶ 4. However, Plaintiff Kelley 15 Mazzei resides in Orange County, California, id. ¶ 7, and was employed by Defendants in 16 Irvine, California, id. ¶ 31. The only other named plaintiff, Plaintiff Martin Orejel, resides in 17 Los Angeles County, California, id. ¶ 8, and was employed by Defendants in Los Angeles, 18 California, id. ¶ 32. Thus, it appears that this action should be transferred to the Central 19 District of California, where both named plaintiffs reside and where both named plaintiffs 20 were employed by Defendants. 21 Accordingly, with good cause appearing, IT IS HEREBY ORDERED that the parties 22 shall show cause as to why this action should not be transferred to the Central District of 23 California pursuant to 28 U.S.C. § 1404(a). If the parties agree that it would not be an abuse 24 of discretion for the Court to transfer this case, then they shall file a stipulation and proposed 25 order on or before August 12, 2013. If they disagree, then they shall file written responses 26 on or before August 12, 2013, and may reply to the opposing parties’ responses on or before 27 August 19, 2013. Unless otherwise ordered, the matter will be heard on September 9, 2013, 28 at 10:00 AM. 1 IT IS FURTHER ORDERED that he August 19, 2013 hearing on Defendants’ motion 2 to dismiss or strike is VACATED. The Court will reset the hearing on Defendants’ motion if 3 it does not transfer this case. 4 5 IT IS SO ORDERED. 6 7 Dated: 07/29/13 8 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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