Yeoman et al v. Ikea U.S.A. West, Inc. et al

Filing 288

ORDER DISMISSING CASE. The Ninth Circuit vacated this Court's judgment and remanded the action with instructions that this Court dismiss the action without prejudice for lack of standing. Accordingly, Court dismisses without prejudice this action for lack of standing. Signed by Judge Cynthia Bashant on 3/29/2017. (jah)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RITA MEDELLIN, on behalf of herself
and all others similarly situated,

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Plaintiff,

Case No. 11-cv-00701-BAS-BGS
ORDER DISMISSING CASE
WITHOUT PREJUDICE FOR
LACK OF STANDING

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v.
IKEA U.S.A. WEST, INC.,
Defendant.

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On January 7, 2015, the Court granted the parties’ motion for entry of judgment

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in favor of Plaintiff Rita Medellin against Defendant IKEA U.S.A. West, Inc. (ECF

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No. 274.) Plaintiff thereafter appealed this Court’s order decertifying her putative

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class action alleging violations of California’s Song Beverly Credit Card Act of 1971,

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Cal. Civ. Code § 1747.08. (ECF No. 275.) The Ninth Circuit, however, concluded

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Plaintiff lacked standing to pursue this action because she alleged only a bare

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procedural violation of the Song Beverly Act and suffered no other cognizable harm.

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(ECF No. 283 (citing Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016)).) Thus,

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the Ninth Circuit vacated this Court’s judgment and remanded the action with
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11cv0701

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instructions that this Court dismiss the action without prejudice for lack of standing.

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(Id.) Accordingly, the Court DISMISSES WITHOUT PREJUDICE this action for

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lack of standing.

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IT IS SO ORDERED.

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DATED: March 29, 2017

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11cv0701