Thomas et al v. United States Of America et al

Filing 6

STIPULATION AND ORDER TRANSFERRING CASE TO SOUTHERN DISTRICT OF CALIFORNIA re 5 . Signed by Judge Jeremy Fogel on 3/10/10. (dlm, COURT STAFF) (Filed on 3/15/2010) [Transferred from California Northern on 3/17/2010.]

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division JAMES A. SCHARF (CSBN 152171) Assistant United States Attorney 150 Almaden Blvd., Suite 900 San Jose, California 95113 Telephone: [phone] FAX: [phone] [e-mail] Attorneys for Federal Defendants

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Whereas, this action arises under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. Sections 2671, et seq. Whereas, actions under the FTCA may be prosecuted either where the plaintiff resides or where the act or omission occurred. 28 U.S.C. Section 1402(b); see Del Raso v. United States, 244 F.3d 567, 570 fn.1 (7th Cir. 2001). Whereas, plaintiffs reside in the Southern District of California. Whereas, the acts and omissions alleged in the Complaint occurred at the United States Penitentiary in Atwater, California, which is located in the Eastern District of California. Whereas, venue lies in either the Southern District of California or the Eastern District of California and not in the Northern District of California, where this case is currently pending. STIPULATION AND PROPOSED ORDER TO TRANSFER Case No. C 10-00001 JF -1v. UNITED STATES OF AMERICA, et al, Defendants. HOWARD THOMAS AND SHIRLEY THOMAS, Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) Case No. C 10-00001 JF E-FILING CASE STIPULATION AND [PROPOSED] ----------------ORDER TO TRANSFER CASE TO SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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Whereas, defendant USA appears specially for the sole and limited purpose of objecting to venue and entering into this stipulation. Therefore, the parties stipulate, through counsel, that this action be transferred to the United States District Court for the Southern District of California.

Respectfully submitted,

DATED: March 8, 2010

JOSEPH P. RUSSONIELLO United States Attorney By:_________/S/____________ JAMES A. SCHARF Assistant United States Attorney

DATED: March 8, 2010

MILLER & JAMES, LLP By:_________/S/___________________ Patricia I. James, Attorneys for Plaintiffs

Pursuant to the stipulation of the parties, and good cause appearing, it is hereby ordered that this action be transferred to the United States District Court for the Southern District of California. IT IS SO ORDERED.

10 DATED: March __, 2010

________________________________ Hon. Jeremy Fogel D. Fogel United States District Court Judge Northern District of California

STIPULATION AND PROPOSED ORDER TO TRANSFER Case No. C 10-00001 JF -2-