Wade v. Perez, et al.

Filing 39

ORDER signed by Magistrate Judge Deborah Barnes on 7/4/17 ORDERING that this action is TRANSFERRED to the U.S. District Court for the Northern District of California. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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E. K. WADE,

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No. 2:16-cv-2354 TLN DB PS
Plaintiff,

v.

ORDER

EDWARD HUGLER, Acting Secretary,
U.S. Department of Labor, et al.,
Defendants.

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Plaintiff, E. K. Wade, is proceeding in this action pro se. This matter was referred to the
undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
Plaintiff’s amended complaint identifies this action as being filed in the United States

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District Court for the Northern District of California. (ECF No. 5 at 1.) The amended complaint

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also alleges that “[t]his lawsuit should be assigned to the Northern Division of this Court because

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a substantial part of the events or omissions which give rise to this lawsuit occurred in Alameda

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County.” (Id. at 3.) Moreover, on March 15, 2017, defendants filed a motion to dismiss in which

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defendants assert that this “action continues a series of actions filed by Wade in the Northern

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District of California, alleging discrimination in employment,” (ECF No. 12-1 at 2), and that this

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action may have been commenced in this district so that plaintiff could “circumvent the filing

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restrictions he was under in the Northern District.” (Id. at 5.)
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Accordingly, on June 7, 2017, the undersigned issued an order granting the parties

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fourteen days to file any objections to the transfer of this action to the United States District Court

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for the Northern District of California. (ECF No. 29.) On June 16, 2017, plaintiff filed

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objections.1 (ECF No. 31.) Therein, plaintiff asserts that he did not file this action in this court to

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circumvent his filing restrictions in the Northern District. (Id. at 1.) However, plaintiff did file

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this action in this district “with the understanding that the Clerks would transfer Plaintiff’s

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complaint to the Northern District.” (Id. at 2.)

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Venue in a civil action is generally proper in (1) a judicial district where any defendant
resides, if all defendants reside in the same State in which the district is located, (2) a judicial

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district in which a substantial part of the events or omissions giving rise to the claim occurred or

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(3) a judicial district in which any defendant is subject to personal jurisdiction at the time the

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action is commenced, if there is no district in which the action may otherwise be brought. 28

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U.S.C. § 1391(b). However, a Federal Tort Claims Act cause of action against the United States

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may only be brought in the district in which plaintiff resides or wherein the alleged act or

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omission occurred. 28 U.S.C. § 1402(b). Nonetheless, “[f]or the convenience of parties and

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witnesses, in the interest of justice, a district court may transfer any civil action to any other

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district or division where it might have been brought or to any district or division to which all

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parties have consented.” 28 U.S.C. § 1404(a).

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Here, the events at issue took place in the Northern District. Plaintiff believed this action

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would be transferred to the Northern District. And the parties have a substantial litigation history

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in the Northern District. In this regard, even if plaintiff did not purposefully file this action in this

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district to circumvent the filing restrictions in the Northern District, it appears to the undersigned

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that this action should be transferred to the United States District Court for the Northern District

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of California.

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On June 20, 2017, defendants filed a statement of non-opposition to the transfer of this action to
the Northern District. (ECF No. 32.)
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Accordingly, IT IS HEREBY ORDERED that this action is transferred to the United

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States District Court for the Northern District of California.

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Dated: July 4, 2017

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DLB:6
DB/orders/orders.pro se/wade2354.transfer.ord

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