STIPULATION AND MODIFIED ORDER TO TRANSFER CASE

NATHANAEL M. COUSINS, Magistrate Judge.

WHEREAS, on February 14, 2015, Plaintiff Gary L. Tavernetti ("Plaintiff") filed a Complaint for Damages, Injunctive Relief for and for Imposition of a Constructive Trust for: (1) Breach of Contract, (2) Breach of Fiduciary Duty, (3) Fraud (Intentional, Misrepresentation, Concealment and Non Disclosure), and (4) Conversion in Monterey County Superior Court against, inter alia, Defendant Carl Towley, III ("Defendant");

WHEREAS, on March 3, 2015, Defendant (through counsel) was served with a First Amended Complaint for Damages, Injunctive Relief for and for Imposition of a Constructive Trust for: (1) Breach of Contract, (2) Breach of Fiduciary Duty, (3) Fraud (Intentional, Misrepresentation, Concealment and Non Disclosure), and (4) Conversion (the "FAC");

WHEREAS, on March 9, 2015, Defendant removed the action to this Court pursuant to the provisions of 28 U.S.C. § 1332 (Dkt. 1);

WHEREAS, on March 16, 2015, Defendant filed a Motion To Dismiss (Dkt. 7) seeking, inter alia, transfer of this action to the United States Federal District Court of Minnesota because this action is improperly venued in California, but venue in Minnesota is proper;

WHEREAS, pursuant to 28 U.S.C. § 1406(a), the parties agree that the convenience of parties and witnesses and the interests of justice support venue in the United States Federal District Court of Minnesota because the alleged acts or events in the FAC, if true, would have taken place in whole or in part in Minnesota;

WHEREAS, the parties agree and consent to venue in United States Federal District Court of Minnesota as proper;

IT IS THEREFORE STIPULATED AND AGREED THAT:

(1) Defendant's Motion to Dismiss is GRANTED IN PART;

(2) the above-captioned case should be transferred to the United States Federal District Court of Minnesota pursuant to 28 U.S.C. § 1406(a);

(3) the Court ORDERS the Clerk of Court to transfer this case to the United States Federal District Court of Minnesota; and

(3) Defendant's Motion to Dismiss is DENIED AS MOOT in all other respects.

ORDER

GOOD CAUSE APPEARING, IT IS SO ORDERED. In the interest of justice, this case is transferred to the U.S. District Court, District of Minnesota, under 28 U.S.C. § 1406(a).