Soundview Communications, Inc. v. Lotus Management, LLC et al
Filing
11
ORDER by Judge Edward M. Chen granting 6 Defendant's Motion to Transfer Case (emclc1, COURT STAFF) (Filed on 8/28/2013)
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
NORTHERN DISTRICT OF CALIFORNIA
7
8
SOUNDVIEW COMMUNICATIONS, INC.,
9
Plaintiff,
v.
11
For the Northern District of California
United States District Court
10
No. C-13-3402 EMC
LOTUS MANAGEMENT, LLC, et al.,
12
ORDER GRANTING DEFENDANT’S
MOTION TO TRANSFER
Defendants.
___________________________________/
(Docket No. 6)
13
14
Defendant the United States has moved the Court to transfer the above-referenced case to the
15
Northern District of Georgia. The time for filing an opposition to the motion has expired, with no
16
party filing an opposition.
17
Because the motion is unopposed, the Court concludes that a transfer is proper. Moreover,
18
the United States’s position is meritorious. First, Defendant Lotus Management, LLC was not
19
entitled to remove the case to this Court because the case was initiated in a Georgia state court. See
20
28 U.S.C. §1441(a) (providing that a defendant is entitled to remove “to the district court of the
21
United States for the district and division embracing the place where such action is pending”).
22
Second, a transfer to the Northern District of Georgia rather than a remand back to the Georgia state
23
court is appropriate because, absent the improper removal, the United States has stated that it would
24
have removed the case to the federal court in Georgia. Cf. id. § 1406(a) (providing that “[t]he
25
district court of a district in which is filed a case laying venue in the wrong division or district shall
26
dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it
27
could have been brought”).
28
1
2
3
Accordingly, the United States’s motion for transfer to the Northern District of Georgia is
hereby GRANTED. The hearing on the motion is VACATED.
This order disposes of Docket No. 6.
4
5
IT IS SO ORDERED.
6
7
Dated: August 28, 2013
8
_________________________
EDWARD M. CHEN
United States District Judge
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?