Setera, et al v. Southwest Airlines Co.

Filing 4

ORDER signed by District Judge Kimberly J. Mueller on 5/15/2017 ORDERING plaintiffs to SHOW CAUSE within fourteen (14) days why this case should not be dismissed for improper venue or transferred to the Southern District of California. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK SETERA and DENISE SETERA,

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No. 2:17-CV-00893-KJM-DB

Plaintiffs,
v.

ORDER

SOUTHWEST AIRLINES COMPANY, a
Texas Corporation; Doe Business Entities
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Defendants.

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After a recent brain surgery and while confined to a wheelchair, plaintiff Mark

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Seter flew from Orlando, Florida to San Diego, California on Southwest Airlines. Compl. ¶¶ 11

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12, ECF No. 1 (filed April 26, 2017). Midflight turbulence propelled Mr. Setera from his seat; he

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hit his head and allegedly suffered injuries. Id. ¶¶ 14, 21, 28, 30. Mr. Setera and his wife now

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sue Southwest Airlines and other unnamed defendants for negligence, products liability, breach of

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contract, and violations of the Airline Deregulation Act, Air Carrier Access Act, and Americans

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with Disabilities Act. See generally id. As written, the complaint includes no allegations

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suggesting the Eastern District of California is the proper venue: Plaintiffs reside in Florida,

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Southwest “resides” in Texas, and the flight at issue landed in the Southern District of California.

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Id. ¶¶ 1, 2, 11. The court therefore ORDERS plaintiffs to show cause within fourteen (14) days

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why this case should not be dismissed for improper venue or transferred to the Southern District

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of California.

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IT IS SO ORDERED.
DATED: May 15, 2017.

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UNITED STATES DISTRICT JUDGE

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