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KPI BRIDGE OIL, INC. v. WILMINGTON TRUST COMPANY, 2:16-cv-02884-JCM-NJK. (2017)

Court: District Court, D. Nevada Number: infdco20170104b14 Visitors: 6
Filed: Jan. 03, 2017
Latest Update: Jan. 03, 2017
Summary: ORDER NANCY J. KOPPE , Magistrate Judge . On December 13, 2016, Plaintiff filed this action alleging breach of maritime contract. Docket No. 1. Plaintiff subsequently filed an ex parte motion for process of maritime attachment and garnishment, as well as an ex parte motion to appoint a special process server. Docket Nos. 3, 5. Because the only known garnishee is located in the Reno area, the Court issued an order to show cause why this case should not be transferred to the unofficial no
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ORDER

On December 13, 2016, Plaintiff filed this action alleging breach of maritime contract. Docket No. 1. Plaintiff subsequently filed an ex parte motion for process of maritime attachment and garnishment, as well as an ex parte motion to appoint a special process server. Docket Nos. 3, 5. Because the only known garnishee is located in the Reno area, the Court issued an order to show cause why this case should not be transferred to the unofficial northern division of this District. Docket No. 16. The Court has reviewed Plaintiff's response to the order to show cause. Docket No. 17. Plaintiff's reason for filing this action in the unofficial southern division of this District appears to rest primarily on Plaintiff's contention that the United States Marshal is located in Las Vegas. Id. at 2. Even if this contention were true, however, it would be irrelevant as Plaintiff has requested the appointment of a special process server located in the unofficial northern division of the District. Id. The Court, therefore, is not persuaded that this case should remain in the unofficial southern division.

Accordingly, it is hereby ORDERED that this action is transferred to the unofficial northern division of this District for all further proceedings. The Clerk of Court is instructed to transfer and reopen this matter as a new action under a new docket number in the northern division and to close this case without prejudice to KPI Bridge Oil.

IT IS SO ORDERED.

Source:  Leagle

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