Opinion
CASE NO. C 03-0197 EDL ARB
September 12, 2003
OSCAR GARZA, JESSE S. FINLAYSON, MICHAEL R. WILLIAMS, GIBSON, DUNN CRUTCHER LLP, Irvine, California, for Cross-Defendant HOUSE2HOME, INC.
KRISTEN SHEA MCLEAN, ROPES GRAY, for Cross-Defendant and Cross-Claimant THE TJX COMPANIES, INC.
CATHERINE A. BABEL, ALLEN MATKINS LECK GAMBLE MALLORY LLP, for Cross-Complainant THE CENTER MARTINEZ, LP
CHRISTOPHER G. COSTIN, BEYERS, COSTIN CASE, for Cross-Defendant YARDBIRDS ELECTRIC PLUMBING SUPPLY, INC.
STIPULATION TO TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, SANTA ANA DIVISION; ORDER THEREON
WHEREAS, the above-captioned case was commenced in this Court in January 2003,
WHEREAS, House2Home, Inc. ("House2Home"), one of the parties in the case, has a chapter 11 bankruptcy case pending in the United States Bankruptcy Court for the Central District of California, Santa Ana Division (the "Bankruptcy Court"), styled In re House2Home, Inc., et al. (Case No. 01-19244 JB),
WHEREAS, on September 8, 2003, this Court entered an order approving the dismissal of all of plaintiff R.A.S. Builders, Inc.'s causes of action in the case with prejudice,
WHEREAS, The Center Martinez LP (the "Center Martinez") and The TJX Companies, Inc. ("TJX") still have pending causes of action/claims for relief in the case,
WHEREAS, the remaining parties — House2Home, the Center Martinez, TJX, and Yardbirds Electric Plumbing Supply, Inc. — have agreed that this case should be transferred to the United States District Court for the Central District of California, Santa Ana Division (and ultimately to the Bankruptcy Court by automatic reference), on the bases that such transfer is for the convenience of the parties and witnesses and is in the interests of justice, and that venue is proper is in the United States District Court for the Central District of California, Santa Ana Division, in that the case involves, among other things, the interpretation of orders entered by the Bankruptcy Court,
ACCORDINGLY, THE PARTIES HEREBY STIPULATE that this case shall be transferred to the United States District Court for the Central District of California, Santa Ana Division, and ultimately referred to the Bankruptcy Court.