Pearson et al v. Stryker Corporation et al

Filing 14

ORDER Signed by Judge Thelton E. Henderson on 6/18/2009 GRANTING re 10 Motion for Intradistrict Transfer. This matter shall be transferred to the San Jose Division. (tehlc4, COURT STAFF) (Filed on 6/18/2009)

1 2 3 4 5 6 7 8 9 10 v. STRYKER CORPORATION et al, Defendants. LAWRENCE PEARSON & MICHELLE PEARSON, Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

NO. C 09-221 TEH
ORDER GRANTING DEFENDANTS' MOTION FOR INTRADISTRICT TRANSFER

United States District Court

11
For the Northern District of California

12 13 The Court is in receipt of Defendants' Motion for Intradistrict Transfer and Plaintiffs'

14 Notice of Non-Opposition to Defendants' Motion. Having carefully reviewed all submitted 15 papers, and the complaint, the Court concludes that a hearing is not necessary on this motion, 16 and that it shall be resolved on the papers alone. 17 According to Local Rule 3-2(c), except for intellectual property cases, securities class 18 actions, and prisoner petitions and civil rights actions, "all civil actions and proceedings for 19 which this district is the proper venue shall be assigned by the Clerk to a Courthouse serving 20 the county in which the action arises. A civil action arises in the county in which a 21 substantial part of the events or omissions which give rise to the claim occurred or in which a 22 substantial part of the property that is the subject of the action is situated." In the instant 23 case, Plaintiffs' complaint states that "a substantial part of the events or omissions which 24 give rise to the claim occurred in the County and City of San Francisco." Compl. ¶ 5. 25 However, Plaintiffs are "citizens and residents of the County of Santa Cruz, State of 26 California." Id. ¶ 1. Furthermore, review of the complaint demonstrates that the Plaintiffs' 27 claims arise from the implantation of a medical device in the person of Plaintiff Lawrence 28 Pearson at Dominican Hospital in Santa Cruz, California, and from the removal of the same

1 device at Community Hospital of Los Gatos, California. Id. ¶ 6. Santa Cruz is located in 2 Santa Cruz County, and Los Gatos is located in Santa Clara County. The Court therefore 3 finds that this action did not arise in San Francisco County, but instead in either Santa Cruz 4 or Santa Clara County, both of which are served by the San Jose Division of this Court. 5 Good cause appearing, Defendants' Motion for Intradistrict Transfer is hereby

6 GRANTED. Accordingly, this matter shall be transferred to the San Jose Division of this 7 Court. The hearings currently scheduled for June 29, 2009, on this motion is hereby vacated. 8 9 10 IT IS SO ORDERED.

United States District Court

11
For the Northern District of California

12 Dated: June 18, 2009 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

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