Perez et al v. Ford Motor Company et al

Filing 12

ORDER Sua Sponte Staying Proceedings and Deadlines Pending Decision by Judicial Panel on Multidistrict Litigation. Case stayed pending a determination by the Judicial Panel on Multidistrict Litigation on Ford's Motion for transfer and pretrial consolidation in In re: Ford DPS6 PowerShift Transmission Litigation, MDL No. 2814. All filing deadlines and hearing dates are vacated. The parties are ordered to file a joint statement as to the status of Ford's motion to the JPML on 2/23/2018. Signed by Judge Gonzalo P. Curiel on 12/8/2017.(All non-registered users served via U.S. Mail Service)(rmc)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ROSA PEREZ and RICHARD PEREZ,
Plaintiffs,

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v.
FORD MOTOR COMPANY, et al.,
Defendants.

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No. 3:17-cv-02290-GPC
Before the Hon. Gonzalo P. Curiel
ORDER SUA SPONTE STAYING
PROCEEDINGS
AND DEADLINES PENDING
DECISION BY JUDICIAL PANEL ON
MULTIDISTRICT LITIGATION

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On December 8, 2017, Plaintiff filed a Motion to Remand to San Diego

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County Superior Court. Dkt. No. 11. The Court observes that this case is a likely

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candidate for inclusion in In re: Ford DPS6 PowerShift Transmission Litigation,

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MDL No. 2814. See Dkt. No. 8 (Ford’s Notice of Related Case). Accordingly, the

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Court will sua sponte stay this proceeding pending a decision by the Judicial Panel

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on Multidistrict Litigation (“JPML”) on Ford’s Motion for transfer and pretrial

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consolidation in In re: Ford DPS6 PowerShift Transmission Litigation, MDL

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No. 2814.

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The court’s power to stay proceedings is “incidental to the power inherent in

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every court to control the disposition of the causes on its docket with economy of

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time and effort for itself, for counsel, and for litigants.” Landis v. North American

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Order sua sponte staying all proceedings and deadlines

17cv2290

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Co., 299 U.S. 248, 254 (1936). Courts frequently grant stays pending a decision

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by the MDL panel regarding whether to transfer a case. Good v. Prudential Ins.

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Co. of America, 5 F. Supp. 2d 804, 809 (N.D. Cal. 1998).

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When considering a motion to stay pending an MDL decision, the district

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court should consider three factors: (1) potential prejudice to the non-moving

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party; (2) hardship and inequity to the moving party if the action is not stayed; and

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(3) the judicial resources that would be saved by avoiding duplicative litigation if

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the cases are in fact consolidated. Rivers v. Walt Disney Co., 980 F. Supp. 1358,

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1360 (C.D. Cal. 1997). The Court finds that a stay would cause little prejudice to

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Plaintiffs as their primary argument regarding jurisdiction will continue to remain

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viable after the JPML has ruled on Ford’s motion to transfer. In comparison,

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Defendant Ford Motor Company would face considerable hardship as it faces more

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than 100 suits in federal courts across the state which could lead to the prospect of

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inconsistent rulings. Third, staying these cases would conserve judicial resources

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as a decision by the JPML to consolidate the cases—without a stay—would lead to

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this Court “needlessly expending its energies familiarizing itself with the

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intricacies of a case that would be heard by another judge.” Rivers, 980 F. Supp. at

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1360-61. Further, the Court observes that district courts across the state have

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stayed cases being considered for inclusion in this MDL. See Case No. 17-cv-2038,

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Dkt. No. 12, Ex. G, H, I, J, K, M (S.D. Cal Stay Orders by Judges Bencivengo,

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Whelan, Sabraw, Burns, Curiel, and Houston); Ex. F (C.D. Cal Stay Entries by

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Judge Birotte); Ex. D (N.D. Cal. Stay Entries by Judge Koh).

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Accordingly, the Court will sua sponte order that all proceedings and

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deadlines in this action are stayed pending a determination by the Judicial Panel on

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Multidistrict Litigation of Ford’s Motion for transfer and pretrial consolidation in

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In re: Ford DPS6 PowerShift Transmission Litigation, MDL No. 2814. All filing

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deadlines and hearing dates are VACATED. The parties are ORDERED to file a

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joint statement as to the status of Ford’s motion to the JPML on February 23, 2018.
Order sua sponte staying all proceedings and deadlines

17cv2290

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IT IS SO ORDERED.
Dated: December 8, 2017

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Order sua sponte staying all proceedings and deadlines

17cv2290