Hill v. Fairfield Police Department et al

Northern District of California, cand-4:2015-cv-02380

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{12}} Stipulation Re {{10}} MOTION to Dismiss, {{6}} Initial Case Management Scheduling Order with ADR Deadlines TO TRANSFER VENUE TO THE EASTERN DISTRICT OF CALIFORNIA.(terminating {{10}} Motion to Dismiss)

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1 Gregory M. Fox, State Bar No. 070876 BERTRAND, FOX, ELLIOT, OSMAN & WENZEL 2 The Waterfront Building 2749 Hyde Street 3 San Francisco, California 94109 Telephone: (415) 353-0999 4 Facsimile: (415) 353-0990 5 Attorneys for Defendants City of Fairfield, Fairfield Police Department, 6 Rebecca Belk and Michael Ambrose 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 JEROME HILL, Case No. 3:15-cv-02380-HSG 12 Plaintiff, STIPULATION TO TRANSFER VENUE TO THE 13 EASTERN DISTRICT OF CALIFORNIA, 14 vs. FILLING OF AN AMENDED COMPLAINT AND CONTINUING CASE MANAGEMENT 15 FAIRFIELD POLICE DEPARTMENT; CITY CONFERENCE AND RELATED DEADLINES OF FAIRFIELD, a municipal corporation; AND [PROPOSED] ORDER 16 REBECCA BELK, individually and as a Police Officer for the CITY OF FAIRFIELD; Date: CMC September 1, 2015 17 MICHAEL AMBROSE, individually and as a Time: 2:00 p.m. 18 Police Officer for the CITY OF FAIRFIELD; Location: Courtroom 15 and DOES 1-50, 19 Date: Motion to Dismiss, Sept. 10, 2015 Defendants. 20 Hon. Haywood S. Gilliam, Jr. 21 22 Defendants City of Fairfield, acting on behalf of itself and the Fairfield Police Department which 23 is not a legal entity capable of suing or being sued, and police officers Rebecca Belk and Michael 24 Ambrose filed a Motion to Dismiss and/or alternatively, Motion To Transfer Venue To The Eastern 25 District of California, and Motion to Strike Punitive Damages Claim Against The City, which is 26 scheduled for hearing on Tuesday, September 10, 2015. This matter also was scheduled by the Court for 27 a Case Management Conference (CMC) on September 1, 2015. 28 IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES, through their attorneys of 1 STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES AND [PROPOSED] ORDER Hill v Fairfield Police Department, et al. Case No.: 3:15-cv-02380-HSG 1 record, that pursuant to 28 USC §1391 and 28 U.S.C. § 1406, venue of this case be transferred from this 2 Court in the Northern District of California to the Eastern District of California. Venue in the Northern 3 District of California is not proper on any of the grounds set forth in § 1391(b). Plaintiff's complaint 4 shows that none of the defendants are residents in the Northern District of California; all of the alleged 5 events or omissions giving rise to his claims occurred exclusively in Fairfield California, which is 6 situated in the Eastern District of California (Cal. Govt. Code § 23648; 28 U.S.C. § 84); and jurisdiction 7 in the Northern District cannot be justified under Section 1391(b)(3), as this action can, and should, be 8 brought in the Eastern District, thus subsection (b)(3) is inapplicable. Under Section 1391(b), the Eastern 9 District is the only district in which venue proper for this lawsuit. (Ervin v. Judicial Council of 10 California, 2007 WL 1489255 * 3, C 06-7479 CW (N.D. Cal. 2007).) 11 Plaintiff also has agreed to amend his complaint in response to defendants' motion to dismiss. 12 Plaintiff shall file his amended complaint within 30 days of the date the Eastern District issues Notice 13 acknowledging the transfer of venue and jurisdiction over this case. Defendants' responsive pleading 14 shall be filed within 30 days after plaintiff's amended complaint is filed. 15 The Case Management Conference scheduled for September 1, 2015, and hearing on Defendants' 16 Motion to Dismiss and/or alternatively, Motion To Transfer Venue To The Eastern District of California, 17 and Motion to Strike Punitive Damages Claim Against The City, scheduled for hearing on September 10, 18 2015, shall be taken off calendar. 19 IT IS SO STIPULATED: 20 21 Dated: August 25, 2015 BERTRAND, FOX, ELLIOT, OSMAN & WENZEL 22 23 By: /s/Gregory Fox 24 Gregory M. Fox Attorneys for Defendants 25 City of Fairfield, Fairfield Police Department, Rebecca Belk and Michael Ambrose 26 27 28 2 STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES AND [PROPOSED] ORDER Hill v Fairfield Police Department, et al. Case No.: 3:15-cv-02380-HSG 1 Dated: August 25, 2015 2 3 By: /s/ Paul Alaga 4 Lewis Romero Paul Alaga 5 Attorneys for Plaintiff Jerome Hill 6 7 IT IS SO ORDERED. 8 9 10 Dated: 8/25/2015 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 ATTORNEY ATTESTATION 16 I, GREGORY FOX, am the ECF User whose ID and password are being used to file this 17 STIPULATION AND PROPOSED ORDER. I have obtained concurrence in and authorization of the 18 filing of this document from Lewis Romero. I shall maintain records to support this concurrence for 19 subsequent production for the Court if so ordered or for inspection upon request by a party. 20 21 Dated: August 25, 2015 BERTRAND, FOX, ELLIOT, OSMAN & WENZEL 22 23 24 By: /s/ Gregory Fox Gregory M. Fox 25 Attorneys for Defendant 26 City of Fairfield, Fairfield Police Department, Rebecca Belk and Michael Abrose 27 28 3 STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES AND [PROPOSED] ORDER Hill v Fairfield Police Department, et al. Case No.: 3:15-cv-02380-HSG