June 12, 2013
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, a corporation, Plaintiff,
UPS GROUND FREIGHT, INC. dba UPS FREIGHT, a corporation, Defendant.
Hillary Arrow Booth (SBN 125936), Ian P. Culver (SBN 245106), BOOTH LLP, Los Angeles, CA, Attorneys for Defendant. UPS GROUND FREIGHT, INC. dba UPS FREIGHT.
Joshua A. Southwick, G. Geoffrey Robb, GIBSON ROBB & LINDH LLP, Attorneys for Plaintiff, Mr. Southwick has authorized this filing.
JOINT STIPULATION AND [PROPOSED] ORDER FOR TRANSFER N.D. Cal. L.R. 3-14, 7-12
SUSAN ILLSTON, District Judge.
Defendant UPS Ground Freight, Inc. dba UPS Freight ("Defendant") and Plaintiff Indemnity Insurance Company of North America ("Plaintiff") jointly and through their counsel stipulate as follows:
WHEREAS Defendant has moved for an order dismissing or transferring these actions, the hearing on such motion to take place on June 21, 2013;
WHEREAS Plaintiff has filed an opposition to the above-referenced motion;
WHEREAS Plaintiff contends there is a nexus with New Jersey because the Plaintiff's subrogee, GE, is headquartered in New Jersey, and Defendant does not dispute that contention;
WHEREAS in the interest of economy and the convenience of witnesses, Plaintiff and Defendant now desire that the case be transferred to the United States District Court for the District of New Jersey Newark,
THEREFORE the parties stipulate as follows:
1. Case No. 12-cv-06440-SI and Related Case 13-cv-01088-SI are transferred from the United States District Court for the Northern District of California to the United States District Court or the District of New Jersey Newark;
2. Defendant's motion to dismiss/transfer is hereby withdrawn, and Defendant agrees not to contest venue in the United States District Court for the District of New Jersey Newark;
3. The Clerk of the Court shall address and take the necessary actions pursuant to this Order to effectuate the transfer of the entire case and case file in the matters entitled, Indemnity Insurance Company of North America v. UPS Ground Freight, Inc. d/b/a UPS Freight, Civil Action No. 12-cv-6440 and the related case, Indemnity Ins. Co. v. UPS Ground Freight, Civil Action No. 13-cv-1088, from the United States District Court for the Northern District of California to the United States District Court for the District of New Jersey Newark; and
4. All further proceedings in this case and the related case are vacated and, upon successful transfer, such cases are closed.
IT IS SO STIPULATED.
PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
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