Patel v. Franklin Resources, Inc. et al

Filing 26

ORDER Granting re 25 Stipulation For Transfer Of Action Pursuant To 28 U.S.C. Section 1404(a). ORDER TRANSFERRING CASE. Signed by Judge Claudia Wilken on 11/30/2010. (ndr, COURT STAFF) (Filed on 11/30/2010)

Patel v. Franklin Resources, Inc. et al

Doc. 26

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Eric G. Wallis (SBN 67926) Email: [e-mail] REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants and Third-Party Plaintiffs Phillip F. Shinn (SBN 112051) Email: [e-mail] FOX ROTHSCHILD LLP 235 Pine Street, Suite 1500 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and Third-Party Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

AMIT V. PATEL, Plaintiff, v. FRANKLIN RESOURCES, INC. d/b/a Defendants TEMPLETON INVESTMENTS and BNY MELLON SHAREOWNER SERVICES, Defendants. FRANKLIN RESOURCES, INC. AND MELLON INVESTOR SERVICE, LLC, Third-Party Plaintiffs, v. VINU C. PATEL, Third- Party Defendant.

No. CV 10 2746 CW STIPULATION AND ORDER FOR TRANSFER OF ACTION PURSUANT TO 28 U.S.C. SECTION 1404(a) Compl. Filed: June 23, 2010 Honorable Claudia Wilken

Stipulation and Order for Transfer of Action Patel v. Franklin Resources ­ No. CV 10 2746 CW
Dockets.Justia.com

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Plaintiff Amit V. Patel (Plaintiff) and Third-Party Defendant Vinu C. Patel (Vinu Patel), and Defendants and Third-Party Plaintiffs Franklin Resources, Inc. (Franklin) and Mellon Investor Services LLC (sued as "BNY Mellon Shareowner Services") (Mellon) (Franklin and Mellon together, "Defendants"), submit this Stipulation and Order for Transfer of Action under 28 U.S.C. Section 1404(a):

Whereas, Plaintiff is a resident of New Jersey;

Whereas, Mellon has a place of business in New Jersey;

Whereas, Defendants have filed a Third-Party Complaint for Indemnity and Contribution against Third-Party Defendant Vinu Patel;

Whereas, Vinu Patel is a resident of New Jersey;

Whereas, Vinu Patel contests personal jurisdiction over him in the United States District Court for the Northern District of California but concedes personal jurisdiction over him exists in the United States District Court for the District of New Jersey;

Whereas, Defendants' claims for indemnity and contribution against Vinu Patel may arise under the laws of the State of New Jersey;

Whereas, Defendants have potential percipient witnesses who reside on the East Coast;

Whereas, all parties desire that for the convenience of the parties and witnesses, and in the interest of justice, that this action be transferred to the United States District Court for the District of New Jersey;

Stipulation and Order for Transfer of Action Patel v. Franklin Resources ­ No. CV 10 2746 CW

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IT IS HEREBY STIPULATED that an Order may be entered transferring this action to the United States District Court for the District of New Jersey under 28 U.S.C. Section 1404(a). DATED: November ___, 2010. REED SMITH LLP By

Eric G. Wallis Attorneys for Defendants and Third-Party Plaintiffs

DATED: November ___, 2010. FOX ROTHSCHILD LLP By

Phillip F. Shinn Attorneys for Plaintiff and Third-Party Defendant

Upon stipulation of the parties and for good cause shown,

IT IS HEREBY ORDERED that this action be transferred, pursuant to 28 U.S.C. Section 1404(a), to the United States District Court for the District of New Jersey.

Dated: November 30, 2010.

__________________________________ United States District Judge

Stipulation and Order for Transfer of Action Patel v. Franklin Resources ­ No. CV 10 2746 CW