Hillary Rodham Clinton, Secretary of State, MOTION TO TRANSFER
Robert M. Gates, Secretary of Defense, TO Honorable judge
Joseph R. Biden, Vice-President and Royce Lamberth- chief
President of the Senate, judge of the district court
Defendants. of the District of Columbia
NOTICE OF MOTION HEARING AND MOTION TO TRANSFER TO THE DISTRICT OF COLUMBIA
All the parties in the above caption case are hereby notified of the motion hearing to be held on January 25, 2010, at the Central District Court of California, Santa Ana Division, Judge Honorable David O. Carter, 411 W 4th str. Courtroom 9D, Santa Ana, California, Ronald Reagan Federal Building. Motion to be heard is the Motion to transfer the above captioned case to Honorable judge Royce Lamberth, chief judge of the US district court for the district of Columbia
MOTION FOR TRANSFER OF THE CASE TO THE HONORABLE ROYCE LAMBERTH CHIEF JUDGE OF THE US DISTRICT COURT OF THE DISTRICT OF COLUMBIA
Pursuant to local rule 7-4 prior to making the motion below the undersigned attorney contacted the US attorneys office for the Meet and Confer conference and got a response from the assistant US attorney David DeJutte via e-mail on 12.23.09.
Here come all the plaintiffs in this case aside from Willey Drake and Markham Robinson represented by Mr. Kreep and state the following:
1.During the October 5 motion hearing pursuant to the motion to dismiss due to lack of jurisdiction, the moving parties, the assistant US attorneys DeJutte and West have argued that they believe that the proper jurisdiction for this case is the District of Columbia.
2.On October 29 this case was dismissed for want of jurisdiction only and was never heard on the merits, as this court noted in the above order that the proper jurisdiction is the District of Columbia court.
3.28 US Chapter 87 1391 (b) A civil action wherein jurisdiction is not founded solely on diversity of citizenship may, except as otherwise provided by law, be brought only in (1) a judicial district where any defendant resides, if all defendants reside in the same state, (2) a judicial district where a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought.
4.28 US Code Chapter 87 1404 (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.
5.In the interest of judicial economy, for the convenience of parties and witnesses, in the interest of expedient resolution of this case of National importance for we the people of the United States of America, in the interest of the National Security and in the interest of Justice, the undersigned counsel respectfully moves the court to transfer this case to Honorable Judge Royce Lamberth, chief judge of the US District Court for the District of Columbia, for the case to be heard on the merits as soon as possible.
PRAYER FOR RELIEF
1.WHEREFORE, the undersigned counsel respectfully requests to transfer this case to Honorable Judge Royce Lamberth, chief judge for the US District Court of the District of Columbia, for the case to be heard on the merits in the District of Columbia as soon as possible.