Summary
denying request for a transfer of venue under 28 U.S.C. § 1404
Summary of this case from Kaia Foods, Inc. v. BellafioreOpinion
Case No: CV 11-04642 EDL
01-23-2012
NATURAL WELLNESS CENTERS OF AMERICA, INC., a California Corporation dba NATURAL WELLNESS CENTERS OF AMERICA and NATURALWELLNESS.COM Plaintiff, v. J.R. ANDORIN. INC., a New York Corporation d/b/a NATURAL WELLNESS and d/b/a/ NATURAL-WELLNESS.COM and d/b/a/ NATURALWELLNESS0NLINE.COM, NATWELL, INC., a New York Corporation, and DOES 1-10 Defendants.
Ray K. Shahani, Esq. SBN 160,814
Attorney at Law
Twin Oaks Office Plaza
477 Ninth Avenue, Suite 112
San Mateo, California 94402-1854
Telephone: (650) 348-1444
Facsimile: (650) 348-8655
E-mail: RKS@,attycubed.com
The Honorable NOTICE OF DISMISSAL AS TO DEFENDANT NATWELL, INC. WITH PREJUDICE and [PROPOQED] ORDER
IT IS HEREBY REQUESTED by Plaintiff to this action NATURAL WELLNESS CENTERS OF AMERICA, INC., a California corporation, through its counsel of record, that 1 above-captioned action be and hereby is dismissed with prejudice as to defendant NATWELL, INC. only, pursuant to Rule 41(a)(l)(A)(i) of the Federal Rules of Civil Procedure. Each part) waive its rights to appeal and to bear its own costs and attorney's fees.
Plaintiff's Counsel __________
Ray K. Shahani, Esq.
IT IS HEREBY ORDERED THAT the above-captioned action be and hereby is dismissed as to defendant NATWELL, INC. with prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. The parties will bear their own attorney's fees and costs of suit.
IT IS SO ORDERED.
United States Magistrate Judge
Hon. Elizabeth D. Laporte
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN MATEO
I am employed in the county of San Mateo, State of California. I am over the age of 18 and not a party to the within action; my business address is Twin Oaks Office Plaza, 477 Ninth Avenue, Suite 112, San Mateo, CA 94402-1854.
On January 18, 2012, I served the foregoing document described as :
1. NOTICE OF DISMISSAL AS TO DEFENDANT NATWELL, INC. WITH PREJUDICE and [PROPOSED] ORDERon parties on the mailing list. _____ by placing the true cop(ies) thereof enclosed in sealed envelopes addressed as stated on the attached mailing list. _____ BY MAIL
I deposited such envelope in the mail in San Mateo, California. The envelope was mailed with postage thereon fully prepaid.
X BY ELECTRONIC MAIL
I caused each document to be sent by Electronic Mail to the email address(es) indicated in the mailing list.
I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at SAN MATEO, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.
Mailing List:
+----------------------------------------------------------------------+ ¦Attorney(s) for J.R. Andorin Inc.:¦Attorney(s) for Natwell, Inc.: ¦ +----------------------------------+-----------------------------------¦ ¦Richard E. Morton ¦Matthew Alexander Stratton ¦ +----------------------------------+-----------------------------------¦ ¦Haight Brown & Bonesteel LLP ¦Email: mstratton(Sharvevsiskind.com¦ +----------------------------------+-----------------------------------¦ ¦5 Hutton Centre Drive, Suite 900 ¦ ¦ +----------------------------------+-----------------------------------¦ ¦Santa Ana, CA 92707 ¦ ¦ +----------------------------------+-----------------------------------¦ ¦Email: rmorton@,hbb]aw.com ¦ ¦ +----------------------------------------------------------------------+
I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
Executed on January 18, 2012, at San Mateo, California.
__________
LEO K. LAI