The opinion of the court was delivered by: M. James Lorenz United States District Court Judge
ORDER GRANTING MOTION TO TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA, DIVISION UNDER 28 U.S.C. 1404(a) [doc. #16]
On October 21, 2009, plaintiff Guy Cadwell filed an unopposed motion to transfer venue to the United States District Court for the Eastern District of California. A class action, Von Koenig v. Snapple Beverage Corp., 09-cv-606-FCD-EFB (E.D. Cal.), related to allegations against defendant for false advertising had already been filed at the time plaintiff Cadwell filed his class action complaint.
Plaintiff filed a motion to consolidate this action with the earlier filed and related Von Koenig case that is set for hearing before the Honorable Frank C. Damrell, Jr. on October 30, 2009. Plaintiff seeks transfer of the above-captioned case to the Eastern District of California under 28 U.S.C. § 1404(a) which provides that "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought."
In his declaration, plaintiff's counsel, John H. Donboli, Esq., states he conferred with counsel for defendant, Dr. Pepper Snapple Group, Inc., and confirmed that defendant's counsel does not oppose this motion, will not be filing an opposition to this motion, and supports plaintiff's efforts to effectuate this case being transferred to the Eastern District of California.
Having reviewed the motion, there being no objection thereto, and in the interests of justice and the preservation of both judicial and client resources, plaintiff's unopposed motion to transfer the above-captioned case to the United States District Court for the Eastern District of California is GRANTED. The Clerk of the Court is directed to effectuate the transfer of this
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