1404 (venue) and aggregation

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RR320
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Joined: Wed Nov 09, 2011 6:07 pm

1404 (venue) and aggregation

Postby RR320 » Thu Dec 01, 2011 8:38 pm

Two questions...

1. Regarding 1404 (Venue)(c) says a district court may order any civil action to be tried at any place within the division in which it is pending.....does that mean it can transfer it to a state court in that district? I am getting a little confused. I thought you can only transfer venue from one district court to another?

2. Two plaintiff's suing same defendant for same claim. A is suing for $25K and B is suing for $65K. Even though they're total amt exceeds 75K, there will not be diversity because at least one of the plaintiffs has to meet $75,000.01 and then the other plaintiff can bring suit for like 10K....is that correct?

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LeDique
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Joined: Tue Nov 02, 2010 2:10 pm

Re: 1404 (venue) and aggregation

Postby LeDique » Thu Dec 01, 2011 8:58 pm

RR320 wrote:Two questions...

1. Regarding 1404 (Venue)(c) says a district court may order any civil action to be tried at any place within the division in which it is pending.....does that mean it can transfer it to a state court in that district? I am getting a little confused. I thought you can only transfer venue from one district court to another?

2. Two plaintiff's suing same defendant for same claim. A is suing for $25K and B is suing for $65K. Even though they're total amt exceeds 75K, there will not be diversity because at least one of the plaintiffs has to meet $75,000.01 and then the other plaintiff can bring suit for like 10K....is that correct?


#1 - No, the federal district court has absolutely no power over the state courts. Your understanding is correct.

#2 is correct - that's the Ortega v. Sunkist decision.

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LeDique
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Re: 1404 (venue) and aggregation

Postby LeDique » Thu Dec 01, 2011 8:59 pm

extra post. ignore.
Last edited by LeDique on Thu Dec 01, 2011 9:20 pm, edited 1 time in total.




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