STIPULATION AND ORDER TO TRANSFER VENUE TO UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

CAROLYN K. DELANEY, Magistrate Judge.

STIPULATION TO TRANSFER VENUE

Pursuant to 28 U.S.C. § 1404(a), Plaintiff Donald Joseph Mizerik and Defendant Commissioner of Social Security through their counsel of record, file this stipulation to transfer venue to the United States District Court of Northern California pursuant to 28 U.S.C. § 1404(a).

In support therefore, respectfully show:

On November 8, 2017 Plaintiff filed a Complaint against Defendant in the Eastern District with a Civil Cover sheet stating Plaintiff resides in Santa Clara County. Attorney's legal assistant inaccurately believed Santa Clara County was within the venue of the Eastern District. Plaintiff paid court fees timely and served Defendant appropriately.

On February 20, 2018 Defendant's Counsel detected the error. Plaintiff and Defendant stipulated to a change in venue and the proposed order is attached. In light of the above, the instant action could have been brought in the Eastern District of California and a transfer of venue to that district is appropriate. It is so stipulated:

ORDER

The Court finds that venue would be proper in the Northern District of California, that a transfer would serve the convenience of the parties and that a transfer would promote the interest of justice. Accordingly, pursuant to 28 U.S.C. 1404(a) and the stipulation of the parties, this action is transferred to the United States District Court for the Northern District of California.

IT IS SO ORDERED.