Opinion
CASE NO. C 09-05872 JL.
April 8, 2010
GREGG A. THORNTON (SBN 146282), JENNIFER L. RUSNAK (SBN 247054), SELMAN BREITMAN LLP, San Francisco, CA, Attorneys for Defendant SANDRA SPAGNOLI.
[PROPOSED] ORDER GRANTING MOTION TO DISMISS FOR IMPROPER VENUE, OR IN THE ALTERNATIVE, TO TRANSFER FOR IMPROPER VENUE ( 28 U.S.C. § 1406(a))
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
The motion of defendant SANDRA SPAGNOLI for an order dismissing plaintiff's complaint for improper venue, or in the alternative, transferring the action to the Sacramento Division of the Eastern District of California, was submitted on the papers by order of the Court.
After full consideration of the moving and opposition papers, the evidence submitted by all parties, all other matters presented to the Court associated with the subject motion to dismiss pursuant to F.R.Civ.P. 12(b)(3), and it being clear that there is no basis for venue in this District, and good cause appearing therefor:
IT IS ORDERED that the motion is hereby granted. Accordingly, the court orders that:
X The complaint is transferred to the Sacramento Division of the Eastern District of California pursuant to 28 U.S.C. § 1406(a).
IT IS SO ORDERED.