Free Motion to Transfer Case - District Court of California - California

Case 5:08-cv-01769-JW

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Filed 05/21/2008

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ROBERT J. WILGER, Bar No. 168402 LITTLER MENDELSON A Professional Corporation 50 West San Fernando Street, 15th Floor San.Jose, CA 95113.2303 Telephone: 408.998.4150 Fax: 408.288.5686 rwilger(g),littler.com Attorneys for Defendant HSBC TECHNOLOGY &.SERVICES (U.S.A) INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION PRASAD SHANKAR, Plaintiff,
v.

Case No. CV081769WHA DEFENDANT'S NOTICE OF MOTION AND MOTION TO TRANSFER VENUE PURSUANT TO CIVIL LOCAL RULE 3-2 AND SUPPORTING MEMORANDUM OF POINTS AND AUTHORITIES Date: Time: Courtroom: Judge: June 26, 2008 8:00 a.m. 9 Hon. William H. Alsup

HSBC, INC. and DOES 1 to 50, Defendants.

TO PLAINTIFF PRASAD SHANKAR: Pursuant to Rule 7-2 of the Local Rules for the United States District Court for the Northern District of California, Defendant HSBC Technology & Services (U.S.A.) Inc. ("HSBC"), by and through its attorneys of record, Littler Mendelson, a professional corporation, gives notice that on June 26, 2008, at 8:00 a.m., or as soon thereafter as the matter may be heard, in Courtroom 9, of the U.S. District Court for the Northern District of California, located at 450 Golden Gate Avenue, San Francisco, California, Defendant HSBC will and does move the Court for an order transferring venue of this case from the San Francisco Division of the Northern District of California to the San Jose Division of the Northern District of California. This motion will be based on this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities in support thereof, and such further and additional
Case No. CV081769WHA MOTION TO TRANSFER VENUE

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LITTLER MENDELSON A PROFESSIONAL CORPORATION
15th Floor Son Joso. CA 951132303 40B 998 4150

Case 5:08-cv-01769-JW

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arguments and papers that may be presented to the Court at or before the hearing on this motion. MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION Defendant HSBC seeks transfer of this action to the San Jose Division of the Northern District of California pursuant to Civil Local Rule of Court 3-2. Venue is improper in the San Francisco Division of the Court because the events or omissions which gave rise to Plaintiffs claims arose in Monterey County, and therefore the case should be assigned to the San Jose Division of this Court. This case involves allegations of unlawful termination of employment, harassment, and retaliation. During the relevant time period, Plaintiff worked at 1441 Schilling Place, in Salinas, California. To that end, the events complained of occurred within Monterey County, and as such venue is proper in the San Jose Division of this Court. For that reason, as discussed more fully below, HSBC's motion should be granted and this action transferred to the San Jose Division of the Northern District of California. II. RELEVANT FACTS From approximately April 10, 2000, through July 11, 2007, Plaintiff worked at 1441 Schilling Place in Salinas, California. PL's Compl. fflf 2, 4. The city of Salinas is located in Monterey County, California. The instant action relates to events or omissions that the Plaintiff claims occurred throughout the period of 2000 through 2007. PL's Compl. f^f 4, 6, 7. The period of Plaintiffs employment at 1441 Schilling Place in Salinas, California, coincides with the period within which Plaintiff claims the incidents leading to the allegations at issue occurred. It follows that these same events or omissions, which the Plaintiff claims took place in Salinas, simultaneously took place in Monterey County. III. ARGUMENT Unless otherwise excepted, all civil actions and proceedings for which the Northern District of California is the proper venue are assigned to a Courthouse serving the county in which the action arises. Civil L.R. 3-2(c). A civil action is deemed to arise in the county in which a substantial part of the events or omissions which give rise to the claim occurred. Id. In this case,
2. MOTION TO TRANSFER VENUE Case No. CV 081769 WHA

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LITTLER MENDELSON A PROFESSION CORPORATION 50 West Son Fernando Slrool ISlh Floor San Jose. CA 951132303 40B 998 J150

Case 5:08-cv-01769-JW

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Plaintiff has brought allegations of unlawful termination of employment, harassment, and retaliation relating to his employment at 1441 Schilling Place in Salinas, California. PL's Compl. |lf 4, 6, 7. Nowhere in the complaint does Plaintiff claim that any of the events or omissions on which the allegations are based occurred elsewhere. PL's Compl. ffl[2, 4, 5, 6, 7. Salinas is located in Monterey County. Therefore, because Salinas is located in Monterey County, and the events or omissions which gave rise to the claim occurred in Salinas, the civil action at issue arose in Monterey County. Pursuant to Civil Local Rule 3-2(e), "all civil actions which arise in the counties of Santa Clara, Santa Cruz, San Benito or Monterey shall be assigned to the San Jose Division." Civil L. R. 3-2(e). Where a civil action has not been assigned to the proper division within this district in accordance with Civil Local Rule 3-2, the Judge may order transfer to the proper division. Civil L. R. 3-2(f). The action at hand arose in Monterey County, yet was assigned to the San Francisco Division rather than the San Jose Division. Accordingly, this case should be transferred to the San Jose Division of this Court. IV. CONCLUSION For the aforementioned reasons, HSBC respectfully urges the Court to grant the motion at issue and order the transfer of this case to the San Jose Division of the Northern District Court o'f California. Dated: May 21,2008

ROBERT J. WILGBR LITTLER MENDELSON A Professional Corporation Attorneys for Defendant HSBC TECHNOLOGY & SERVICES (U.S.A) INC.
Firmwide:85265898.1 023404.1053

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LITTLER MENDELSON A PROFESSIONAL CORPORATION 50 Wosl San Fernando Slroot ISlh Floor SanJosa. CA OS 113 2303 408 99S 4150

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MOTION TO TRANSFER VENUE

Case No. CV081769WHA

Case 5:08-cv-01769-JW

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PROOF OF SERVICE BY MAIL I am employed in Santa Clara County, California. I am over the age of eighteen years and not a party to the within-entitled action. My business address is 50 West San Fernando Street, 15th Floor, San Jose, California 95113.2303. I am readily familiar with this firm's practice for collection and processing of correspondence for mailing with the United States Postal Service. On May 21, 2008,1 placed with this firm at the above address for deposit with the United States Postal Service a true and correct copy of the within document(s): DEFENDANT'S NOTICE OF MOTION AND MOTION TO TRANSFER VENUE PURSUANT TO CIVIL LOCAL RULE 3-2 AND SUPPORTING MEMORANDUM OF POINTS AND AUTHORITIES in a sealed envelope, postage fully paid, addressed as follows: Prasad Shankar 2701 East Brookshire, Apt. 201 Sioux Falls, SD 57103 Following ordinary business practices, the envelope was sealed and placed for collection and mailing on this date, and would, in the ordinary course of business, be deposited with the United States Postal Service on this date. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on May 21, 2008, at San Jose, California.

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LITTLER MENDELSON A PROFESSIONAL CORPORATION 50 Wosl San Fernando Snoot ISlh Floor San Joso. CA 95113 2303 408 998 4150

Q&U^/VI ib^LdXa-^. U Jan M. 6aeden
Firmwide:85288514.1 023404.1053

PROOF OF SERVICE