Case 3:11-cv-02748-MLC -LHG Document 11

Filed 10/19/11 Page 1 of 2 PageID: 36

NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY IO GROUP, INC., Plaintiff, v. CARLOS SOMOZA, Defendant. : : : : : : : : : : : CIVIL ACTION NO. 11-2748 (MLC) ORDER TO SHOW CAUSE

THE PLAINTIFF purports to be a California citizen. U.S.C. 1332(c)(1). (Dkt. entry no. 1, Compl.)

See 28

The plaintiff

alleges that the defendant is domiciled in North Brunswick, New Jersey (id.), and thus the Clerk of the Court for the United States District Court for the District of New Jersey allocated the action to the Trenton Vicinage. BUT the defendant, who is pro se, may live in Newark, New Jersey. (Dkt. entry no. 7, 8-26-11 Notice of Appearance; dkt. Thus, it appears that the The

entry no. 9, 10-17-11 Def. Letter.)

action should have been allocated to the Newark Vicinage.

Chief Judge has broad discretion to reallocate an action to the vicinage where it might have been more properly allocated. 28 U.S.C. 1404; L.Civ.R. 40.1(e). See

The parties must clarify in

writing where the defendant is domiciled and where the cause of action arose, and thus whether the action should be reallocated to the Newark Vicinage. For good cause appearing:

Case 3:11-cv-02748-MLC -LHG Document 11

Filed 10/19/11 Page 2 of 2 PageID: 37

IT IS THEREFORE on this

19th

day of October, 2011,

ORDERED that the parties will SHOW CAUSE why the action should not be brought to the attention of the Chief Judge for the United States District Court for the District of New Jersey for reallocation to the Newark Vicinage; and IT IS FURTHER ORDERED that the parties, if responding, must file responses with the Court by the following dates: November 9, 2011 November 17, 2011 Defendants response Plaintiffs response; and

IT IS FURTHER ORDERED that if any party fails to respond to this Order To Show Cause, then that party will be deemed to concede that the defendant is domiciled in Newark, New Jersey; and IT IS FURTHER ORDERED that this Order To Show Cause will be decided on FRIDAY, NOVEMBER 18, 2011, or soon thereafter, without oral argument pursuant to Local Civil Rule 78.1(b).

s/ Mary L. Cooper MARY L. COOPER United States District Judge