Duffy et al v. Facebook, Inc. et al

Filing 4

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE TRANSFERRED TO SAN FRANCISCO/OAKLAND DIVISION. Plaintiffs must respond by 12/2/2016. Signed by Judge Nathanael Cousins on 11/26/2016. (lmh, COURT STAFF) (Filed on 11/26/2016)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

United States District Court
Northern District of California

11

ROBERT BARON DUFFY, and others,
Plaintiffs,

12
13
14
15

v.
FACEBOOK, INC., and others,
Defendants.

Case No. 16-cv-06764 NC
ORDER TO SHOW CAUSE WHY
CASE SHOULD NOT BE
TRANSFERRED TO SAN
FRANCISCO/OAKLAND DIVISION
Re: Dkt. No. 1

16
17
Plaintiffs Robert Duffy and Robert Gary assert violations of their civil rights by
18
Facebook and certain of its employees. According to plaintiffs’ complaint, Facebook’s
19
“managers in Menlo Park, California” were aware of Facebook’s alleged racial
20
discrimination and failed to take adequate steps to correct it. Complaint, Dkt. 1, at ¶ 7.
21
Under Northern District of California Civil Local Rule 3-2(c), the Clerk should
22
assign a civil action to the Courthouse serving the county in which the action arises. A
23
civil action arises in the county “in which a substantial part of the events or omissions
24
which give rise to the claim occurred or in which a substantial part of the property that is
25
the subject of the action is situated.” Civil L.R. 3-2(c). Civil actions that arise in San
26
Mateo County should be assigned to a courthouse in the San Francisco/Oakland Division.
27
28

Civil L.R. 3-2(d).
Case No. 16-cv-06764 NC

1

It appears that this case should have been assigned to the San Francisco/Oakland

2

Division, rather than the San Jose Division, because the action “arises in” San Mateo

3

County. The complaint references communications to Facebook in Menlo Park (which is

4

in San Mateo County), but does not explicitly reference any actions that took place in

5

Santa Clara County.

6

Accordingly, plaintiffs by December 2, 2016, must either file a consent to transfer

7

this case to the San Francisco/Oakland Division, or explain in writing why this case should

8

not be transferred to the San Francisco/Oakland Division.

9
10

IT IS SO ORDERED.

United States District Court
Northern District of California

11
12

Dated: November 26, 2016

13

_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 16-cv-06764 NC

2