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Sauer v. United States Dep't of Education

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 17, 2009

ANTHONY P. SAUER, AS DIRECTOR OF THE CALIFORNIA DEPARTMENT OF REHABILITATION, PLAINTIFF,
v.
UNITED STATES DEPARTMENT OF EDUCATION, REHABILITATION SERVICES ADMINISTRATION, ROBERT D. STEINBERG, ROBERT R. HUMPHREYS, AND MELINDA G. WILSON, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Through the present action, Plaintiff appeals the result of an arbitration proceeding, convened pursuant to 20 U.S.C. § 107d-1(b) of the Randolph Sheppard Act, and pertaining to the removal of a blind vendor at the Roybal Federal Building in Los Angeles, California. Plaintiff now moves to change venue of the proceeding, pursuant to 28 U.S.C. §§ 1391(b)(2) and 1406(a), on grounds that both the events and circumstances at issue in the lawsuit occurred in Los Angeles, California.

Los Angeles is within the jurisdiction of the United States District Court for the Central District of California, rather than the Eastern District where the matter is currently pending.

On or about February 2, 2009, Defendants filed a Statement of Non-Opposition to Plaintiff's Motion for Change of Venue. Given that non-opposition, and good cause appearing therefor, Plaintiff's Motion is GRANTED.*fn1 The above-captioned case is hereby transferred pursuant to 28 U.S.C. § 1406(a) to the United States District Court for the Central District of California.

IT IS SO ORDERED.


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