Auto Warehousing Co., Inc v. Elle Placement Inc. ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 AUTO WAREHOUSING COMPANY, CASE NO. C22-5072-LK 11 INC., ORDER GRANTING STIPULATED 12 Plaintiff, MOTION TO TRANSFER v. 13 ELLE PLACEMENT INC., et al., 14 Defendants. 15 16 This matter comes before the Court on the parties’ stipulated motion to transfer this case 17 to the United States District Court for the Eastern District of California at Sacramento. Dkt. No. 18 28. The parties request the transfer pursuant to 28 U.S.C. § 1404(b), which provides that “[u]pon 19 motion, consent or stipulation of all parties, any action, suit or proceeding of a civil nature or any 20 motion or hearing thereof, may be transferred, in the discretion of the court, from the division in 21 which pending to any other division in the same district.” Transfer is not appropriate under that 22 section because the parties are not seeking a transfer to another division in the same district; they 23 seek a transfer to another district. Dkt. No. 28 at 1. 24 1 However, based on the substance of the parties’ stipulation and proposed order, it appears 2 that they intended to request transfer under 28 U.S.C. § 1404(a), which provides that “[f]or the 3 convenience of parties and witnesses” and “in the interest of justice,” a district court “may transfer 4 any civil action to any other district or division where it might have been brought or to any district 5 or division to which all parties have consented.” Because the parties have consented by stipulation 6 to transfer this case to the United States District Court for the Eastern District of California at 7 Sacramento, Dkt. No. 28, the Court may transfer the case there. Atl. Marine Constr. Co. v. United 8 States Dist. Court, 571 U.S. 49, 59 (2013) (explaining that Section 1404(a) permits transfer to any 9 district where venue is proper “or to any other district to which the parties have agreed by contract 10 or stipulation.”). 11 Accordingly, the Court GRANTS the stipulated motion, Dkt. No. 28. The Clerk shall 12 transfer this case to the United States District Court for the Eastern District of California at 13 Sacramento. 14 15 Dated this 31st day of May, 2022. 16 A 17 Lauren King United States District Judge 18 19 20 21 22 23 24