Farquharson v. Bell Lexus North Scottsdale

• Court: District Court, D. Nevada
• Decided: June 5, 2025
• Docket: 3:24-cv-00201
• Status: Unknown

Opinion

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 KRISTAL FARQUHARSON, Case No. 3:24-cv-00201-MMD-CLB

7 Plaintiff, ORDER v. 8 BELL LEXUS NORTH SCOTTSDALE, 9 Defendant. 10 11 Pro se Plaintiff Kristal Farquharson sued her former employer, Defendant Bell 12 Lexus North Scottsdale, under Title VII of the Civil Rights Act of 1964, for discrimination 13 and retaliation. (ECF No. 2.) The Court ordered Farquharson to show cause why this case 14 should not be transferred to the District of Arizona, Phoenix Division, by June 3, 2025. 15 (ECF No. 34 (“OSC”).) Farquharson did not timely respond to the OSC. As further 16 explained below, the Court will accordingly transfer this case sua sponte to the District of 17 Arizona, Phoenix Division. 18 “For the convenience of parties and witnesses, in the interest of justice, a district 19 court may transfer any civil action to any other district or division where it might have been 20 brought . . .” 28 U.S.C. § 1404(a). The Court may transfer a case sua sponte under 21 Section 1404(a). See Washington Pub. Utilities Grp. v. U.S. Dist. Ct. for W. Dist. of 22 Washington, 843 F.2d 319, 326 (9th Cir. 1987) (affirming a “sua sponte order to change 23 venue” to another district). But the preferred practice is to make the possibility known 24 before transferring sua sponte. See Federal Practice and Procedure (Wright & Miller), § 25 3844 Procedure for Transfer, 15 Fed. Prac. & Proc. Juris. § 3844 (4th ed.) (April 2025 26 Update). Here, the Court issued the OSC, but Farquharson did not timely respond. The 27 Court accordingly made the possibility known before transferring. And for the reasons the 28 1 || Court provided in the OSC, the Court finds that transfer to the District of Arizona, Phoenix 2 || Division, is appropriate under 28 U.S.C. § 1404(a). 3 It is therefore ordered that the Court sua sponte transfers this case to the District 4 || of Arizona, Phoenix Division. 5 It is further ordered that Farquharson’s most recent motion for entry of Clerk’s 6 || default (ECF No. 33) is denied as moot. 7 The Clerk of Court is directed to close this case file after transferring the case. 8 DATED THIS 5" Day of June 2025.

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