NBS Imaging Systems, Inc. v. United States District Court for the Eastern District of California

ORDER

NBS Imaging, Inc., an Indiana corporation with its principal place of business in Fort Wayne, seeks a writ of mandamus compelling the United States District Court for the Eastern District of California to vacate its order transferring the underlying action to the District Court for the Northern District of Indiana in Fort Wayne. NBS Imaging’s amended complaint named 12 defendants and alleged claims for relief under RICO, federal antitrust laws, and various state law theories. Seven of the defendants moved to transfer the case to the Indiana court pursuant to 28 U.S.C. § 1404 (a). 1 The other five defendants did not oppose the motion. The district court granted the motion and the case was transferred and docketed in the Northern District of Indiana on July 6, 1987. NBS Imaging filed the instant petition on July 9,1987. A prior motions panel questioned jurisdiction based on these facts in light of Lou v. Belzberg, 834 F.2d 730, 733 (9th Cir.1987) and ordered briefing on the issue. We conclude that this court has *298 jurisdiction to issue the writ despite docketing of the case in the Northern District of Indiana, but deny the petition.

In Lou v. Belzberg, we adopted the rule…