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)

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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

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