Filed: Jun. 21, 2016
Latest Update: Jun. 21, 2016
Summary: Order To Show Cause re: Dismissal TERRY J. HATTER, Jr. , Senior District Judge . The Court has reviewed Plaintiff's complaint. In the absence of a waiver or, where the Defendant has not answered, the Court may raise, sua sponte, the issue of whether venue is proper in this judicial district by ordering Plaintiff to show cause why this action should not be dismissed. See Costlow v. Weeks, 790 F.2d 1486 , 1488 (9th Cir. 1986). Here, it is not clear from the complaint that the Central Di
Summary: Order To Show Cause re: Dismissal TERRY J. HATTER, Jr. , Senior District Judge . The Court has reviewed Plaintiff's complaint. In the absence of a waiver or, where the Defendant has not answered, the Court may raise, sua sponte, the issue of whether venue is proper in this judicial district by ordering Plaintiff to show cause why this action should not be dismissed. See Costlow v. Weeks, 790 F.2d 1486 , 1488 (9th Cir. 1986). Here, it is not clear from the complaint that the Central Dis..
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Order To Show Cause re: Dismissal
TERRY J. HATTER, Jr., Senior District Judge.
The Court has reviewed Plaintiff's complaint.
In the absence of a waiver or, where the Defendant has not answered, the Court may raise, sua sponte, the issue of whether venue is proper in this judicial district by ordering Plaintiff to show cause why this action should not be dismissed. See Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986). Here, it is not clear from the complaint that the Central District of California is the proper venue for this action under either 28 U.S.C. §§ 1391 or 1400(b). Accordingly,
It is Ordered that Plaintiff is Ordered to Show Cause, if it has any, why this action should not be dismissed, sua sponte, for improper venue. Plaintiff shall file a written response to this Order to Show Cause by July 11, 2016. Defendant may file a brief in opposition to Plaintiff's written response no later than seven days after Plaintiff's response is filed. Plaintiff may file a reply brief no later than seven days after any Defendant's opposition is filed. The matter will then stand submitted.
It is further Ordered that Plaintiff shall serve Defendant a copy of this Order by July 11, 2016. Upon completion of service, Plaintiff shall electronically file a proof of service.
