Gutierrez v. Thor Motor Coach, Inc.

Filing 11

Order by Magistrate Judge Virginia K. DeMarchi granting 10 Motion to Transfer Case. The Clerk of the Court shall transfer the case file to the Northern District of Indiana, South Bend Division. (vkdlc1S, COURT STAFF) (Filed on 9/14/2020)

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1 2 3 4 5 Dolores E. Gonzales, Esq. (SBN: 171306) BRAVO LAW GROUP, A.P.C. 4025 Camino Del Rio South, Suite 300 San Diego, CA 92108 Telephone: (858) 300-1900 Facsimile: (858) 300-1910 Attorney for Defendant THOR MOTOR COACH, INC. 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE COURTHOUSE) 10 11 12 13 14 15 16 GREGORIO GUTIERREZ, ) ) Plaintiff, ) ) v. ) ) THOR MOTOR COACH, INC.; DOES 1- ) 10, inclusive, ) ) Defendants. ) __________________________________ ) CASE NO.: 5:20-cv-04189-VKD (Removed from Santa Clara County Superior Court Case No. 20CV366311) [PROPOSED] ORDER ON JOINT MOTION OF ALL PARTIES TO TRANSFER VENUE TO FEDERAL COURT FOR THE NORTHERN DISTRICT OF INDIANA IN SOUTH BEND, INDIANA Complaint Filed: Removal Filed: Trial Date: 17 05/01/20 06/25/20 Not Yet Set 18 19 TO ALL PARTIES, THEIR COUNSEL OF RECORD, AND TO THE UNITED STATES 20 DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA, COURTROOM 2, THE 21 HONORABLE VIRGINIA K. DeMARCHI: 22 The parties’ Joint Motion to Transfer Venue to Indiana Federal Court pursuant to 28 23 U.S.C. § 1404(a) was presented to the Court on September 10, 2020, the Honorable Virginia 24 K. DeMarchi, presiding. 25 Upon review of the record and all briefing filed by all parties, the Court rules as follows: 26 IT IS HEREBY ORDERED THAT, based on the provisions in the express warranty 27 issued by Defendant Thor Motor Coach, Inc. that accompanied the sale of the subject vehicle 28 to Plaintiff, which provides that “Exclusive jurisdiction for deciding legal disputes relating to Page 1 Case No.: 5:20-cv-04189-VKD [PROPOSED] ORDER ON JOINT MOTION OF ALL PARTIES TO TRANSFER VENUE 1 alleged breach of warranty or representations of any nature rest in the courts of the state of 2 manufacture, which is Indiana,” that this lawsuit should be transferred to the United States 3 Federal Court for the Northern District of Indiana in South Bend, Indiana. 4 IT IS SO ORDERED. 5 6 7 September 14, 2020 Dated: _______________ By: __________________________________ HON. VIRGINIA K. DeMARCHI United States Magistrate Judge Northern District of California 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 Case No.: 5:20-cv-04189-VKD [PROPOSED] ORDER ON JOINT MOTION OF ALL PARTIES TO TRANSFER VENUE

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