Deacon Corporation, et al. v. Navigators Specialty Insurance Company

Filing 8

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE TRANSFERRED FOR IMPROPER VENUE (Illston, Susan) (Filed on 3/17/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DEACON CORPORATION, et al., Plaintiffs, 8 v. 9 10 11 Case No. 17-cv-01260-SI NAVIGATORS SPECIALTY INSURANCE COMPANY, ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE TRANSFERRED FOR IMPROPER VENUE United States District Court Northern District of California Defendant. 12 13 14 15 On March 9, 2017, plaintiffs Deacon Corporation and Deacon Holdings, Inc., filed this 16 breach of contract action, alleging that defendant Navigators Specialty Insurance Co. owes 17 outstanding money on plaintiffs’ claim under its forgery coverage. Docket No. 1. 18 Plaintiff asserts that “[v]enue in this district is proper because all defendants reside in this 19 State and district within the meaning of 28 U.S.C. § 1391, subd. (b) and (d).” Id. ¶ 4. However, 20 plaintiff’s complaint alleges that defendant “is a New York corporation and has its principal place 21 of business in Stamford, Connecticut.” 22 corporation, “both with their principal place of business in Citrus Heights, California[,]” which is 23 located in the Eastern District of California. 24 construction of a hotel in El Segundo, California[,]” which is located in the Central District of 25 California. See id. ¶ 10. Plaintiff has not alleged any facts that would show that venue is proper in 26 this district, the Northern District of California. See 28 U.S.C. § 1391. 27 28 /// Id. ¶ 2. Plaintiffs are a California and Delaware See id. ¶ 1. Plaintiffs’ “claim concerns the 1 Accordingly, plaintiff is ORDERED TO SHOW CAUSE in writing by no later than 2 March 31, 2017, why this case should not be transferred for improper venue. Plaintiff is 3 further ORDERED to serve a copy of this Order on defendant/defendant’s counsel no later than 4 March 24, 2017. 5 6 7 8 9 IT IS SO ORDERED. Dated: March 17, 2017 ______________________________________ SUSAN ILLSTON United States District Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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