Filed: Dec. 30, 2015
Latest Update: Dec. 30, 2015
Summary: STIPULATION RE: TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA; ORDER THEREON NATHANAEL COUSINS , Magistrate Judge . IT IS HEREBY STIPULATED by and between plaintiff and counterclaim defendant PENN AIR CONTROL, INC. ("Penn"), defendant and counterclaim plaintiff BILBRO CONSTRUCTION COMPANY, INC. ("Bilbro"), defendant INTERNATIONAL FIDELITY INSURANCE COMPANY ("IFIC"), and counterclaim defendant ALPHA MECHANICAL, INC. ("Alpha") (collectively the
Summary: STIPULATION RE: TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA; ORDER THEREON NATHANAEL COUSINS , Magistrate Judge . IT IS HEREBY STIPULATED by and between plaintiff and counterclaim defendant PENN AIR CONTROL, INC. ("Penn"), defendant and counterclaim plaintiff BILBRO CONSTRUCTION COMPANY, INC. ("Bilbro"), defendant INTERNATIONAL FIDELITY INSURANCE COMPANY ("IFIC"), and counterclaim defendant ALPHA MECHANICAL, INC. ("Alpha") (collectively the "..
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STIPULATION RE: TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA; ORDER THEREON
NATHANAEL COUSINS, Magistrate Judge.
IT IS HEREBY STIPULATED by and between plaintiff and counterclaim defendant PENN AIR CONTROL, INC. ("Penn"), defendant and counterclaim plaintiff BILBRO CONSTRUCTION COMPANY, INC. ("Bilbro"), defendant INTERNATIONAL FIDELITY INSURANCE COMPANY ("IFIC"), and counterclaim defendant ALPHA MECHANICAL, INC. ("Alpha") (collectively the "Parties"), by and through their undersigned counsel of record, pursuant to 28 United States Code ("U.S.C.") §§ 1404 and 1406 as follows:
1. Pursuant to 28 U.S.C. §§ 1404 and 1406, the Parties agree that the Southern District of California, located in San Diego County, is the venue most convenient for all parties, witnesses, and legal counsel to prosecute this action;
2. Pursuant to 28 U.S.C. §§ 1404 and 1406, the Parties hereby agree and request the Court to transfer this entire action to the United States District Court for the Southern District of California (San Diego County);
3. The Parties agree that the requested transfer shall not be asserted by any party to this Stipulation to be a bar or other defense to claims and/or defenses already asserted or to be asserted in the future in this Action;
4. The Parties agree that Alpha shall file its answer and counterclaims in the U.S. District for the Southern District of California within twenty (20) days after the Parties receive notice that said court has received transfer of the entire case from this Court; and
5. The Parties hereby agree and request the Court to vacate, without prejudice, all motion and hearing dates presently pending in this matter.
IT IS SO STIPULATED by the Parties.
ORDER
IT IS HEREBY ORDERED that the terms of the foregoing stipulation are hereby granted.
IT IS FURTHER ORDERED that the Clerk of Court shall cause this entire case to be transferred to the United States District Court for the Southern District of California, located at 333 West Broadway, San Diego, California 92101.
IT IS SO ORDERED.
