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 c onsolidation 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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 ROSA PEREZ and RICHARD PEREZ, Plaintiffs, 11 12 13 v. FORD MOTOR COMPANY, et al., Defendants. 14 15 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 16 17 On December 8, 2017, Plaintiff filed a Motion to Remand to San Diego 18 County Superior Court. Dkt. No. 11. The Court observes that this case is a likely 19 candidate for inclusion in In re: Ford DPS6 PowerShift Transmission Litigation, 20 MDL No. 2814. See Dkt. No. 8 (Ford’s Notice of Related Case). Accordingly, the 21 Court will sua sponte stay this proceeding pending a decision by the Judicial Panel 22 on Multidistrict Litigation (“JPML”) on Ford’s Motion for transfer and pretrial 23 consolidation in In re: Ford DPS6 PowerShift Transmission Litigation, MDL 24 No. 2814. 25 The court’s power to stay proceedings is “incidental to the power inherent in 26 every court to control the disposition of the causes on its docket with economy of 27 time and effort for itself, for counsel, and for litigants.” Landis v. North American 28 Order sua sponte staying all proceedings and deadlines 17cv2290 1 Co., 299 U.S. 248, 254 (1936). Courts frequently grant stays pending a decision 2 by the MDL panel regarding whether to transfer a case. Good v. Prudential Ins. 3 Co. of America, 5 F. Supp. 2d 804, 809 (N.D. Cal. 1998). 4 When considering a motion to stay pending an MDL decision, the district 5 court should consider three factors: (1) potential prejudice to the non-moving 6 party; (2) hardship and inequity to the moving party if the action is not stayed; and 7 (3) the judicial resources that would be saved by avoiding duplicative litigation if 8 the cases are in fact consolidated. Rivers v. Walt Disney Co., 980 F. Supp. 1358, 9 1360 (C.D. Cal. 1997). The Court finds that a stay would cause little prejudice to 10 Plaintiffs as their primary argument regarding jurisdiction will continue to remain 11 viable after the JPML has ruled on Ford’s motion to transfer. In comparison, 12 Defendant Ford Motor Company would face considerable hardship as it faces more 13 than 100 suits in federal courts across the state which could lead to the prospect of 14 inconsistent rulings. Third, staying these cases would conserve judicial resources 15 as a decision by the JPML to consolidate the cases—without a stay—would lead to 16 this Court “needlessly expending its energies familiarizing itself with the 17 intricacies of a case that would be heard by another judge.” Rivers, 980 F. Supp. at 18 1360-61. Further, the Court observes that district courts across the state have 19 stayed cases being considered for inclusion in this MDL. See Case No. 17-cv-2038, 20 Dkt. No. 12, Ex. G, H, I, J, K, M (S.D. Cal Stay Orders by Judges Bencivengo, 21 Whelan, Sabraw, Burns, Curiel, and Houston); Ex. F (C.D. Cal Stay Entries by 22 Judge Birotte); Ex. D (N.D. Cal. Stay Entries by Judge Koh). 23 Accordingly, the Court will sua sponte order that all proceedings and 24 deadlines in this action are stayed pending a determination by the Judicial Panel on 25 Multidistrict Litigation of Ford’s Motion for transfer and pretrial consolidation in 26 In re: Ford DPS6 PowerShift Transmission Litigation, MDL No. 2814. All filing 27 deadlines and hearing dates are VACATED. The parties are ORDERED to file a 28 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 1 2 IT IS SO ORDERED. Dated: December 8, 2017 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order sua sponte staying all proceedings and deadlines 17cv2290

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