STIPULATION TO TRANSFER VENUE TO THE EASTERN DISTRICT OF CALIFORNIA, FILLING OF AN AMENDED COMPLAINT AND CONTINUING CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES AND [PROPOSED] ORDER

HAYWOOD S. GILLIAM, Jr., District Judge.

Defendants City of Fairfield, acting on behalf of itself and the Fairfield Police Department which is not a legal entity capable of suing or being sued, and police officers Rebecca Belk and Michael Ambrose filed a Motion to Dismiss and/or alternatively, Motion To Transfer Venue To The Eastern District of California, and Motion to Strike Punitive Damages Claim Against The City, which is scheduled for hearing on Tuesday, September 10, 2015. This matter also was scheduled by the Court for a Case Management Conference (CMC) on September 1, 2015.

IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES, through their attorneys of record, that pursuant to 28 USC § 1391 and 28 U.S.C. § 1406, venue of this case be transferred from this Court in the Northern District of California to the Eastern District of California. Venue in the Northern District of California is not proper on any of the grounds set forth in § 1391(b). Plaintiff's complaint shows that none of the defendants are residents in the Northern District of California; all of the alleged events or omissions giving rise to his claims occurred exclusively in Fairfield California, which is situated in the Eastern District of California (Cal. Govt. Code § 23648; 28 U.S.C. § 84); and jurisdiction in the Northern District cannot be justified under Section 1391(b)(3), as this action can, and should, be brought in the Eastern District, thus subsection (b)(3) is inapplicable. Under Section 1391(b), the Eastern District is the only district in which venue proper for this lawsuit. (Ervin v. Judicial Council of California, 2007 WL 1489255 * 3, C 06-7479 CW (N.D. Cal. 2007).)

Plaintiff also has agreed to amend his complaint in response to defendants' motion to dismiss. Plaintiff shall file his amended complaint within 30 days of the date the Eastern District issues Notice acknowledging the transfer of venue and jurisdiction over this case. Defendants' responsive pleading shall be filed within 30 days after plaintiff's amended complaint is filed.

The Case Management Conference scheduled for September 1, 2015, and hearing on Defendants' Motion to Dismiss and/or alternatively, Motion To Transfer Venue To The Eastern District of California, and Motion to Strike Punitive Damages Claim Against The City, scheduled for hearing on September 10, 2015, shall be taken off calendar.

IT IS SO STIPULATED.

IT IS SO ORDERED.