Kuiu, Inc. v. Eastmans' Publishing, Inc.

Filing 26

ORDER signed by District Judge John A. Mendez on 12/22/2016 FINDING that transfer pursuant to 28 U.S.C. § 1404 is appropriate; TRANSFERRING this matter to the District of Wyoming; FINDING that the 9 Motion to Stay is moot; TERMINATING all other deadlines and hearings in this case. CASE CLOSED. (Michel, G.) [Transferred from California Eastern on 12/23/2016.]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO
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KUIU, Inc.,

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Plaintiff,

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vs.
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EASTMANS’ PUBLISHING INC.,
Defendant.

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) Case No.: 2:16-CV-02194-JAM-DB
)
)
)
) ORDER ON DEFENDANT EASTMANS’
) PUBLISHING INC.’S MOTION TO
) TRANSFER VENUE AND MOTION TO
) STAY PROCEEDINGS
)
)
)

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On December 13, 2016, this matter came on regularly for hearing in front of the Honorable John

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A. Mendez, District Court Judge for the United States District Court for the Eastern District of

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California. Stephanie L. Quinn of Murphy, Campbell, Alliston & Quinn appeared on behalf of Plaintiff

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Kuiu, Inc. Richard W. Casey of Crowley Fleck, PLLP appeared on behalf of Eastmans’ Publishing,

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Inc.

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Having reviewed the memoranda and having considered the arguments of each party, the Court

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finds that transfer pursuant to 28 U.S.C. Section 1404 is appropriate. In considering the factors of

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convenience and fairness, this Court finds that court congestion and the length of time to trial in the

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Eastern District of California compared to the District of Wyoming weighs in favor of the case being

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transferred to the District of Wyoming, the same district where the matter of Eastmans’ Publishing Inc.,

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v. KUIU, Inc., Civil Action No. 16-CF-239-S, is pending and a district where this matter could have

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been originally brought.

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Therefore, IT IS HEREBY ORDERED that this matter is transferred to the District of Wyoming
and that the Motion to Stay Proceedings is hereby found to be moot. All other deadlines, hearing and
motions in this matter are terminated.

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DATED: December 22, 2016

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/s/ JOHN A. MENDEZ
JOHN A. MENDEZ
United States District Judge

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Approved as to Form:
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/s/ Richard W. Casey
Richard W. Casey

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/s/STEPHANIE L. QUINN
Stephanie L. Quinn

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Order Page 2