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Boloten v. Shenton

United States District Court, Ninth Circuit

August 16, 2013

JEFFREY BOLOTEN, Plaintiff,
v.
DAVID SHENTON, Defendant.

Scott R. Matthews, Esq. (SM 5026), James Tracy, Esq. (JT 1980), Windels Marx Lane & Mittendorf, LLP, New York, New York, Paul F. Goldsmith, Esq. (SBN 097273), LAW OFFICES OF PAUL F. GOLDSMITH, Mill Valley, California, Attorneys for Plaintiff, Jeffrey Boloten.

Stanley Pedder, PEDDER, HESSELTINE, WALKER & TOTH, LLP, LaFayette, CA, Attorneys for Plaintiff Attorneys for Defendant.

ORDER

DONNA M. RYU, District Judge.

WHEREFORE, by the undersigned counsel of record for the parties to this action, the parties respectfully request that this Court transfer this action to the United States District Court, Eastern District of New York, pursuant to 28 U.S.C. 1404(a), so that this action may be consolidated with a related action pending, in the United States District Court, Eastern District of New York styled, Jeffrey Boloten v. Anne Shenton, CV 2013-3225 (JBW)((MDG) (the "New York Action"), which was filed prior in time to this action;

WHEREFORE, Defendant, David Shenton, by his undersigned counsel, hereby consents to the personal jurisdiction of the United States District Court, Eastern District of New York for these limited purposes;

WHEREFORE, the parties make this application for efficiency purposes and to eliminate the risk of inconsistent verdicts;

IT IS HEREBY STIPULATED AND AGREED, by the undersigned counsel of record for the parties to this action, that, there having been no previous requests for the relief sought herein, the parties request that the Initial Case Management Conference scheduled for August 28, 2013 at 1:30 p.m. be canceled and all deadlines imposed by the Court's Order Setting Initial Case Management Conference and ADR Deadlines dated June 5, 2013, as amended by the Order dated August 6, 2013, shall be held in abeyance pending the consideration this application.

GOOD CAUSE APPEARING THEREFOR,

Upon the Motion by Stipulation filed by the parties on August 14, 2013 this action is hereby transferred to the United States District Court, Eastern District of New York, pursuant to 28 U.S.C. 1404(a), so that the transferree court may consider whether the matter should be related to and/or consolidated with a related action pending in the United States District Court, Eastern District of New York styled, Jeffrey Boloten v. Anne Shenton, CV 2013-3225 (JBW)((MDG), which was filed prior in time to this action.


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