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Bike-Rx LLC, D/B/A Studio Velo v. Studio Velo LLC and Bruce G. Guild

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


February 25, 2011

BIKE-RX LLC, D/B/A STUDIO VELO,
PLAINTIFF,
v.
STUDIO VELO LLC AND BRUCE G. GUILD,
DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER DENYING MOTION FOR 12INTRADISTRICT TRANSFER

(re: docket #14)

United States District Court For the Northern District of California

"Whenever a Judge finds, upon the Judge's own motion or the motion of any party, . . . that the 19 convenience of parties and witnesses and the interests of justice will be served by transferring the 20 action to a different division within the district, the Judge may order such transfer, subject to the 21 provisions of the Court's Assignment Plan." (emphasis added) 22

Although Defendants have stipulated to the motion, the Court finds that intradistrict transfer

23 is not appropriate in these circumstances. Under the Court's Assignment Plan, a certain category 24 of cases, including intellectual property cases such as the instant action, "shall be randomly 25 assigned to any judge of this Court, and shall not be reassigned on the basis of intra-district 26 venue." See General Order No. 44, § D.5. 27

28 should note that the Court does permit telephonic appearances for Case Management Conferences

On February 16, 2011, Plaintiff filed a motion for intradistrict transfer from the San Jose Division to the San Francisco Division pursuant to Civil Local Rule 3-2. Under Local Rule 3-2(h): 18

Accordingly, Plaintiff's motion for intradistrict transfer is DENIED. Counsel for the parties and Law & Motion matters. Normally, such requests should be filed at least one week prior to the 2 scheduled Court date. As the March 2, 2011 Case Management Conference is less than week 3 away, however, the Court is willing to consider requests for telephonic appearances filed today, 4

Friday, February 25, 2011. 5

IT IS SO ORDERED. 6 7

United States District Court For the Northern District of California

20110225

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