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NORTON v. CSA SERVICES

United States District Court, N.D. California, San Francisco Division


October 12, 2005.

JOSEPH T. NORTON; BUFFINGTON & ASSOCIATES, INC., d/b/a SALES SERVICE WEST; and CSA WEST, INC., Plaintiffs,
v.
CSA SERVICES, INC.; WALT McCONNELL; FRED LANIER; and DOES 1 through 20, inclusive, Defendants.

The opinion of the court was delivered by: CHARLES BREYER, District Judge

STIPULATED MOTION TO TRANSFER, MEMORANDUM OF POINTS AND AUTHORITIES, AND [PROPOSED] ORDER TO TRANSFER
STIPULATED MOTION
Pursuant to 28 U.S.C. 1406(a), CLR 7-12, and the stipulation below, the parties move this court for an order transferring this case to the United States District Court for the District of South Carolina, Columbia Division.

  POINTS AND AUTHORITIES

  28 U.S.C. 1406(a) provides that if a civil action is commenced in the wrong district or division, the court may, in the interest of justice, transfer the case to any district or division in which the case could have been brought. The contract at issue in this case includes a forum selection clause identifying York County, South Carolina as the proper forum for actions involving the contract. Plaintiffs originally filed this case in California state court, in Alameda County. Defendants removed the case to federal court on the basis of diversity jurisdiction and Defendant CSA Services, Inc., filed a Motion to Dismiss for Improper Venue, in which Defendants Walt McConnell and Fred Lanier joined in the alternative to their Motion to Dismiss for Lack of Personal Jurisdiction. The parties have agreed to transfer this case to the District Court for the District of South Carolina. Because the parties agree to the transfer, and because transfer would avoid the necessity of filing a new lawsuit in South Carolina, justice would be served by the court granting this motion.

  STIPULATION

  Expressly reserving all rights, objections and defenses, and without waiver of any right, objection or defense, including, but not limited to, Defendants Walt McConnell and Fred Lanier's defense that this court lacks personal jurisdiction, the parties stipulate as follows:

  1) There being no federal court division in York County, South Carolina, the parties stipulate to an order transferring this case to the United States District Court for the District of South Carolina, Columbia Division; and

  2) If this Stipulated Motion is Granted, Defendants agree to withdraw their Motions to Dismiss currently pending before this court. [PROPOSED] ORDER

  PURSUANT TO STIPULATION, IT IS ORDERED that this case be transferred to the United States District Court for the District of South Carolina, Columbia Division.

20051012

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