Harold E Johnson v. Allied Packing & Supply, Inc. et al

Filing 113

ORDER to show cause re: venue. Parties to file stipulation and proposed order by 11/24/14 or, if agreement cannot be reached, include discussion in joint case management conference statement due on 12/01/14. Signed by Judge Thelton E. Henderson on 11/17/14. (tehlc3, COURT STAFF) (Filed on 11/17/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HAROLD E. JOHNSON,
Plaintiff,

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v.
ALLIED PACKING & SUPPLY, INC.,
et al.,

Case No. 14-cv-03253-TEH
ORDER TO SHOW CAUSE RE:
VENUE

Defendants.
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It is unclear whether this case belongs in this Court. Plaintiff Harold E. Johnson

United States District Court
Northern District of California

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failed to include in his complaint the “Intradistrict Assignment” paragraph required by

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Civil Local Rule 3-5(b), and it appears that Johnson may not be able to allege that this

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action arises in any county in this district.

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Under Civil Local Rule 3-2(c), “[a] civil action arises in the county in which a

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substantial part of the events or omissions which give rise to the claim occurred or in

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which a substantial part of the property that is the subject of the action is situated.”

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Johnson’s complaint alleges damages for “exposure to asbestos and asbestos-containing

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products,” Compl. ¶ 2, but all of the locations in which he contends he was exposed are

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located in the Central District of California (Compton, Santa Maria, Montebello, Ventura,

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and Thousand Oaks), the Eastern District of California (Fresno), or the Western District of

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Washington (Puyallup), Ex. A to Compl. Johnson further alleges that he is a citizen of

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Washington, Compl. at 2, so any treatment he might have received likely occurred there.

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It therefore appears that transfer to another district would be appropriate.

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Accordingly, IT IS HEREBY ORDERED that the parties shall show cause as to

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why this action should not be transferred pursuant to 28 U.S.C. § 1404(a) or 28 U.S.C.

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§ 1406(a). If the parties agree that it would not be an abuse of discretion for the Court to

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transfer this case, then they shall file a stipulation and proposed order, along with the

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agreed upon transferee district, on or before November 24, 2014. If they disagree on

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either the appropriateness of transfer or the appropriate transferee district, then they shall

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include written responses in the joint case management conference statement due on

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December 1, 2014.

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IT IS SO ORDERED.

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Dated: 11/17/14

_____________________________________
THELTON E. HENDERSON
United States District Judge

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United States District Court
Northern District of California

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