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DUNAGAN v. WELLS FARGO BANK, N.A., 3:15-cv-04826-CRB. (2015)

Court: District Court, N.D. California Number: infdco20151208b00 Visitors: 20
Filed: Dec. 04, 2015
Latest Update: Dec. 04, 2015
Summary: STIPULATION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(a); [PROPOSED] ORDER CHARLES R. BREYER , District Judge . Defendant Wells Fargo Bank, N.A.("Wells Fargo")and Plaintiff Edward Dunagan ("Plaintiff") (collectively referred to as the "Parties"), through their respective counsel of record hereby agree and stipulate as follows: WHEREAS, Plaintiff filed his class action complaint in this matter on October 20, 2015, in the United States District Court for Northern District of California;
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STIPULATION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. § 1404(a); [PROPOSED] ORDER

Defendant Wells Fargo Bank, N.A.("Wells Fargo")and Plaintiff Edward Dunagan ("Plaintiff") (collectively referred to as the "Parties"), through their respective counsel of record hereby agree and stipulate as follows:

WHEREAS, Plaintiff filed his class action complaint in this matter on October 20, 2015, in the United States District Court for Northern District of California;

WHEREAS, subject to one stipulation enlarging time, Wells Fargo's time to file its responsive pleading was extended to December 7, 2015;

WHEREAS, Plaintiff contends he resides in Southern California and his attorneys handling this matter are not located in the Northern District of California;

WHEREAS, Wells Fargo contends its witnesses in this matter and handling attorneys are not located in the Northern District of California and are mainly located in Southern California;

WHEREAS, the Parties stipulate and agree that the United States District Court for the Southern District of California ("Southern District"), has superior connection to this case under the applicable private and public interest factors; and,

WHEREAS, the parties agree that the Southern District is a viable and appropriate alternate venue;

NOW, THEREFORE, IT IS HEREBY STIPULATED:

1. This action shall be transferred to the United States District Court for the Southern District of California;

IT IS SO STIPULATED.

Pursuant to Local Civil Rule 5-1(i)(3) regarding signatures, I, Scott D. Goldsmith, attest that concurrence in the filing ofthis document has been obtained from each of the other signatories.

ORDER

PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

Pursuant to 28 U.S.C.§ 1404(a), the Court DIRECTS the clerkto transfer this action, in its entirety, to the Southern District of California, for all further proceedings.

Source:  Leagle

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