13 Cited authorities

Stewart Org., Inc. v. Ricoh Corp.
487 U.S. 22 (1988) Cited 4,948 times 12 Legal Analyses
Holding that federal law determines the validity of a forum selection clause
Van Dusen v. Barrack
376 U.S. 612 (1964) Cited 4,676 times 7 Legal Analyses
Holding that a "change of venue under § 1404 generally should be, with respect to state law, but a change of courtrooms"
Commodity Futures Trading Com'n v. Savage
611 F.2d 270 (9th Cir. 1980) Cited 821 times
Holding that "an action for injunctive relief by the [US]CFTC under section 40 requires only that the violator have acted intentionally. That is, he must have intended to employ the 'device, scheme, or artifice' but it is not necessary that he know that its result will be to defraud the client or prospective client."
Hatch v. Reliance Ins. Co.
758 F.2d 409 (9th Cir. 1985) Cited 379 times
Holding that dismissal of plaintiff's complaint was appropriate as it exceeded seventy pages in length, was confusing, conclusory, and not in compliance with Rule 8
Center for Food and Safety v. Vilsack
No. C 11-00831 JSW (N.D. Cal. Mar. 17, 2011) Cited 18 times
No. C 11-00831 JSW. March 17, 2011 ORDER GRANTING IN PART AND DENYING IN PART FEDERAL DEFENDANTS' MOTION TO DISMISS FOR IMPROPER VENUE OR, IN THE ALTERNATIVE, TO TRANSFER VENUE; ORDER OF TRANSFER JEFFREY WHITE, District Judge Now before the Court is the motion to dismiss for improper venue, or, in the alternative, to transfer venue filed by Federal Defendants (Doc. no. 23.) The Court finds that this matter is appropriate for disposition without oral argument. Civ. L.R. 7-1(b). Having reviewed the
Knapp v. Wachovia Corporation
No. C 07-4551 SI (N.D. Cal. May. 12, 2008) Cited 10 times
No. C 07-4551 SI. May 12, 2008 ORDER GRANTING DEFENDANTS' MOTION TO TRANSFER VENUE AND TRANSFERRING CASE TO EASTERN DISTRICT OF CALIFORNIA SUSAN ILLSTON, District Judge Defendants' motion to transfer venue is scheduled for a hearing on May 16, 2008. Pursuant to Civil Local Rule 7-1(b), the Court determines that the matter is appropriate for resolution without oral argument, and VACATES the hearing. For the reasons set forth below, the Court GRANTS the motion and TRANSFERS this case to the Eastern
Sierra Club v. U.S. Defense Energy Support Center
No. C 10-02673 JSW (N.D. Cal. Jan. 11, 2011) Cited 7 times
Giving chosen forum little weight because "the underlying action is not connected to the Northern District of California."
Pratt v. Rowland
769 F. Supp. 1128 (N.D. Cal. 1991) Cited 27 times
Holding that the interests of justice “may be decisive in ruling on a transfer motion”
Williams v. U.S.
No. C-01-0024 EDL (N.D. Cal. Oct. 23, 2001) Cited 10 times
Holding "[v]enue does not lie in every judicial district where a federal agency has a regional office" (citing Reuben H. Donnelly Corp. v. Federal Trade Comm'n, 580 F.2d 264, 267 (7th Cir. 1978))
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 28,851 times 189 Legal Analyses
Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 28,500 times 199 Legal Analyses
Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

Alec L. et al v. Jackson et al

13 Cited authorities

Holding that federal law determines the validity of a forum selection clause

Holding that a "change of venue under § 1404 generally should be, with respect to state law, but a change of courtrooms"

Holding that dismissal of plaintiff's complaint was appropriate as it exceeded seventy pages in length, was confusing, conclusory, and not in compliance with Rule 8

Giving chosen forum little weight because "the underlying action is not connected to the Northern District of California."

Holding that the interests of justice “may be decisive in ruling on a transfer motion”

Holding "[v]enue does not lie in every judicial district where a federal agency has a regional office" (citing Reuben H. Donnelly Corp. v. Federal Trade Comm'n, 580 F.2d 264, 267 (7th Cir. 1978))

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred