Equal Employment Opportunity Commission v. Maita Chevrolet Geo

Filing 9

STIPULATION AND ORDER TRANSFERRING CASE. Signed by Judge Phyllis J. Hamilton on 11/23/11. (nah, COURT STAFF) (Filed on 11/23/2011)

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1 2 3 4 5 6 7 ERIC C. BELLAFRONTO, Bar No. 162102 LITTLER MENDELSON, P.C. 50 W. San Fernando, 15th Floor San Jose, California 95113.2303 Telephone: 408.998.4150 Facsimile: 408.288.5686 ebellafronto@littler.com bmcmillan@littler.com iperez@littler.com Attorneys for Defendant MAITA CHEVROLET GEO 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 EQUAL EMPLOYMENT OPPORTUNITY COMISSION, Plaintiff, Case No. CV 11 4815 PJH STIPULATION TO TRANSFER VENUE AND ORDER v. MAITA CHEVROLET GEO, Defendant. 17 18 IT IS HEREBY STIPULATED AND AGREED by and between the parties, the 19 Equal Employment Opportunity Commission (“EEOC”) and Maita Chevrolet Geo (“Maita”), by and 20 through their respective attorneys, Cindy O’Hara for the EEOC and Eric C. Bellafronto of Littler 21 Mendelson for Maita, that the proper venue for this matter is the Eastern District of California, 22 Sacramento Division. This stipulation is made pursuant to 28 U.S.C. 1404(b), which provides in 23 pertinent part, that “[u]pon . . . stipulation of all parties, any action, suit or proceeding of a civil 24 nature or any motion or hearing thereof, may be transferred, in the discretion of the court, from the 25 division in which pending to any other division in the same district.” The parties agree that venue is 26 proper in the Eastern District of California, Sacramento Division, pursuant to 28 U.S.C. section 27 1404(a), which provides in pertinent part, as follows: “For the convenience of parties and witnesses, 28 in the interest of justice, a district court may transfer any civil action to any other district or division LITTLER MENDELSON, P.C. A PROFESSIONAL CORPORATION 50 W. San Fernando, 15th Floor San Jose, CA 95113.2303 408.998.4150 (CASE NO. CV 11 4815 PJH) 1 where it might have been brought.” The parties agree that this action could have been properly 2 brought in the Eastern District of California and that the convenience of the parties and witnesses is 3 furthered by the transfer of this matter because the alleged actions occurred in the Eastern District 4 and most witnesses reside there. The parties therefore respectfully request that the Court transfer 5 this matter to Eastern District of California, Sacramento Division. 6 7 SO STIPULATED Dated: November 22, 2011 8 By: /S/ Eric C. Bellafronto ERIC C. BELLAFRONTO Attorneys for Defendant MAITA CHEVROLET GEO 9 10 11 Dated: November 21, 2011 12 By: 13 14 15 IT IS SO ORDERED, S UNIT ED November 23 Dated: _________________, 2011 _____________________________________________ NO 21 RT 23 24 25 26 27 28 LITTLER MENDELSON, P.C. A PROFESSIONAL CORPORATION 50 W. San Fernando, 15th Floor San Jose, CA 95113.2303 408.998.4150 J ER H 22 Firmwide:105115475.1 043069.1004 yllis J. udge Ph (CASE NO. CV 11 4815 PJH) 2. n Hamilto FO 20 R NIA DERED Judge of the United States District Court SO OR IT IS 19 LI 18 RT U O 17 S DISTRICT TE C TA A 16 /S/ Cindy O’Hara CINDY O’HARA Attorneys for Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION N F D IS T IC T O R C

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