Rubino v. National Railroad Passenger Corporation dba Amtrak

Filing 22

ORDER TRANSFERRING CASE to the U.S. District Court, Eastern District of California, Sacramento Division. Signed by Judge Nathanael M. Cousins on 1/18/2023. (lmh, COURT STAFF) (Filed on 1/18/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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Case 5:22-cv-05108-NC Document 22 Filed 01/18/23 Page 1 of 2 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 10 United States District Court Northern District of California 11 12 DEMAS RUBINO, Plaintiff, v. AMTRAK, Defendant. Case No. 22-cv-05108 NC ORDER TRANSFERRING CASE TO THE U.S. DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 13 14 15 According to the Amended Complaint filed by self-represented Plaintiff Demas 16 Rubino, Mr. Rubino fell and fractured his wrist while exiting an Amtrak train at the 17 Fairfield Train Depot. Dkt. No. 15. Fairfield is in Solano County, within the jurisdictional 18 boundaries of the U.S. District Court for the Eastern District of California, Sacramento 19 Division. Mr. Rubino also lives in Vacaville, within the Eastern District of California. 20 Under the general rules of venue, a civil action may be brought in a judicial district 21 in which a “substantial part of the events or omissions giving rise to the claim occurred.” 22 28 U.S.C. § 1391(b)(2). And under 28 U.S.C. § 1404(a), the Court may transfer any civil 23 action to any other district where it might have been brought, in the interest of justice. 24 Here, the Court has determined that the interest of justice, and convenience of the 25 parties and witnesses, is best served by transferring the case to the Eastern District of 26 California, Sacramento Division. Neither party objected to the proposed transfer when 27 discussing the case at the January 18 case management conference. 28 The Clerk of Court is therefore ordered to transfer this case to the U.S. District Case 5:22-cv-05108-NC Document 22 Filed 01/18/23 Page 2 of 2 1 Court for the Eastern District of California, Sacramento Division, and to provide notice of 2 the transfer to the parties. The case in the Northern District of California will then be 3 administratively closed. 4 IT IS SO ORDERED. 5 6 7 Dated: January 18, 2023 _____________________________________ NATHANAEL M. COUSINS United States Magistrate Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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