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Old September 29th 09, 04:21 PM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
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First recorded activity by ChessBanter: Jun 2009
Posts: 5
Default Polgar Motion Denied; CA Case Transferred to Texas

OTOH, the transfer to Texas, sua sponte, just seems a little bizarre.
My practice currently is limited to State court, and I don't recall
all the rules for the transfer of cases among Federal courts, but I am
not sure of the legal basis for ordering such a transfer. *If I were
Judge Cummings, I would look for a basis to send the whole mess back
to Judge Patel with a box of chocolates.


Most of my practice was in federal courts, Wick. What I understand to
be the applicable statute is below, particularly subsection (a). I
hedge a bit because PACER is down and I haven't seen Judge Patel's
order.

Sua sponte transfers are rare, but not unheard of. Judges have broad
discretion to transfer, and I'm not really surprised Judge Patel
exercised it just to stop dealing with the mess. I do remember
reading one case where two district judges kept bouncing a patent case
back to one another, and an appellate court had to step in. I suspect
that Judge Cummings will keep this one--just a hunch, but there's
actually very little to stop him from sending the whole mess back to
California if he chose to.

Article III judgeships. Broad discretion, can't get fired. Very
sweet gig.

§ 1404. Change of venue

(a) For the convenience of parties and witnesses, in the interest of
justice, a district court may transfer any civil action to any other
district or division where it might have been brought.

(b) Upon motion, consent or stipulation of all parties, any action,
suit or proceeding of a civil nature or any motion or hearing thereof,
may be transferred, in the discretion of the court, from the division
in which pending to any other division in the same district. Transfer
of proceedings in rem brought by or on behalf of the United States may
be transferred under this section without the consent of the United
States where all other parties request transfer.

(c) A district court may order any civil action to be tried at any
place within the division in which it is pending.

(d) As used in this section, the term “district court” includes the
District Court of Guam, the District Court for the Northern Mariana
Islands, and the District Court of the Virgin Islands, and the term
“district” includes the territorial jurisdiction of each such court.
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Old September 29th 09, 04:24 PM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
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First recorded activity by ChessBanter: May 2009
Posts: 1,132
Default Polgar Motion Denied; CA Case Transferred to Texas

Brennan Price wrote:
OTOH, the transfer to Texas, sua sponte, just seems a little bizarre.
My practice currently is limited to State court, and I don't recall
all the rules for the transfer of cases among Federal courts, but I am
not sure of the legal basis for ordering such a transfer. If I were
Judge Cummings, I would look for a basis to send the whole mess back
to Judge Patel with a box of chocolates.


Most of my practice was in federal courts, Wick. What I understand to
be the applicable statute is below, particularly subsection (a). I
hedge a bit because PACER is down and I haven't seen Judge Patel's
order.

Sua sponte transfers are rare, but not unheard of. Judges have broad
discretion to transfer, and I'm not really surprised Judge Patel
exercised it just to stop dealing with the mess. I do remember
reading one case where two district judges kept bouncing a patent case
back to one another, and an appellate court had to step in. I suspect
that Judge Cummings will keep this one--just a hunch, but there's
actually very little to stop him from sending the whole mess back to
California if he chose to.

Article III judgeships. Broad discretion, can't get fired. Very
sweet gig.

§ 1404. Change of venue

(a) For the convenience of parties and witnesses, in the interest of
justice, a district court may transfer any civil action to any other
district or division where it might have been brought.

(b) Upon motion, consent or stipulation of all parties, any action,
suit or proceeding of a civil nature or any motion or hearing thereof,
may be transferred, in the discretion of the court, from the division
in which pending to any other division in the same district. Transfer
of proceedings in rem brought by or on behalf of the United States may
be transferred under this section without the consent of the United
States where all other parties request transfer.

(c) A district court may order any civil action to be tried at any
place within the division in which it is pending.

(d) As used in this section, the term “district court” includes the
District Court of Guam, the District Court for the Northern Mariana
Islands, and the District Court of the Virgin Islands, and the term
“district” includes the territorial jurisdiction of each such court.

Maybe Judge Cummings will transfer the entire case to Guam.
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