Whalen v. Facebook, Inc.

Filing 7

ORDER TO SHOW CAUSE why case should not be transferred to the San Francisco/Oakland Division of this court. Facebook must show cause in writing by 9/18. Signed by Judge Nathanael Cousins on 9/11/2020. (lmh, COURT STAFF) (Filed on 9/11/2020)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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KELLY WHALEN,
Plaintiff,

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v.
FACEBOOK, INC.,
Defendant.

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Case No. 20-cv-06361 NC
ORDER TO SHOW CAUSE WHY
CASE SHOULD NOT BE
TRANSFERRED TO THE SAN
FRANCISCO/OAKLAND DIVISION
OF THIS COURT
Re: ECF 1

Defendant Facebook removed this case from San Mateo County Superior Court to
this federal court on September 9. ECF 1. The Removal Notice and Civil Cover Sheet
(ECF 1-2) both requested assignment of the case to the San Jose Division of the Northern
District of California. The case was thus assigned to the San Jose Division as requested by
Facebook.
Facebook is ordered to show cause why the case should not be reassigned to a judge
in the San Francisco/Oakland Division of this court. Under 28 U.S.C. § 1441(a), removal
of civil actions from state court is “to the district court of the United States for the district
and division embracing the place where such action is pending.” Furthermore, under
Northern District of California Civil Local Rule 3-2(d), civil actions arising in San Mateo
County shall be assigned to the San Francisco or Oakland Division. Here, Facebook

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asserts that it is headquartered in Menlo Park, which is in San Mateo County. ECF 1 ¶ 8.

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(The Court takes notice that Facebook used to be headquartered on the southern side of

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San Francisquito Creek, in Santa Clara County, but moved). Plaintiff Kelly Whalen is

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alleged to reside in Illinois. ECF 1-1 ¶ 9.

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Facebook therefore must show cause in writing by September 18 why this case

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should not be transferred to the San Francisco or Oakland Division because those

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Divisions embrace San Mateo County under § 1441(a) and Local Rule 3-2. If plaintiff

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Whalen would like to comment on this divisional assignment issue, she may file a

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response by September 25.

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IT IS SO ORDERED.

United States District Court
Northern District of California

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Dated: September 11, 2020

_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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