Smithfield et al v. Ford Motor Company et al
ORDER Granting Stay and Order To Show Cause. The Court finds good cause to stay this action until the JPML rules on Ford's pending motion to consolidate over 100 similar actions. Plaintiffs are ordered to show cause why this case shouldn't be dismissed for improper venue, or transferred to the Central District. Plaintiffs must file a concise memorandum by 12/1/2017, and defendants may file a response by 12/8/2017. Signed by Judge Larry Alan Burns on 11/21/2017.(All non-registered users served via U.S. Mail Service)(lrf)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
MARILOU SMITHFIELD, et al.,
CASE NO. 17cv2109-LAB (KSC)
ORDER GRANTING STAY AND
ORDER TO SHOW CAUSE
FORD MOTOR, et. al.,
Courts have broad discretion to stay cases pending the resolution of “proceedings
which bear upon the case.” Leyva v. Certified, 593 F.2d 857, 863 (9th Cir. 1979). The Court
finds good cause to stay this action until the JPML rules on Ford’s pending motion to
consolidate over 100 similar actions. See Equibel v. Ford, 17cv2157 (S.D. Cal. Nov. 16,
2017) (granting stay); En Fukasawa v. Ford, 17cv2116 (S.D. Cal. Nov. 17, 2017) (same).
All filing deadlines and hearing dates are vacated.
But venue appears improper. Because the parties are residents of Huntington Beach
and Palo Alto. Plaintiffs are ordered to show cause why this case shouldn’t be dismissed for
improper venue, or transferred to the Central District. 28 U.S.C. § 1391, 1404; Costlow v.
Weeks, 790 F.2d 1486, 1488 (9th Cir.1986). Plaintiffs must file a concise memorandum by
December 1, and defendants may file a response by December 8.
IT IS SO ORDERED.
Dated: November 21, 2017
HONORABLE LARRY ALAN BURNS
United States District Judge
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