Freeman et al v. Toyota Motor Sales U.S.A., Inc. et al

Filing 60

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Motion to Transfer Venue to the United States District Court for the Central District of California [Doc. 59 ] is GRANTED. A separate Order of Transfer will be filed herewith. IT IS FURTHER ORDERED that Defendants shall file their responsive pleading to the Second Amended Complaint within thirty (30) days from the date of this Order. Signed by District Judge Sarah E. Pitlyk on 01/24/2022. (ANP)

Case: 4:19-cv-02550-SEP Doc. #: 60 Filed: 01/24/22 Page: 1 of 2 PageID #: 1998
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

TERRY FREEMAN and ANDREW TROUT 1
individually and on behalf of all others
similarly situated,
v.

Plaintiffs,

TOYOTA MOTOR SALES, U.S.A., INC. et al.,
Defendants.

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Case No. 4:19-cv-02550-SEP

Before the Court is Plaintiff Jamie Brown’s Consent Motion to Transfer Venue to the
MEMORANDUM AND ORDER

United States District Court for the Central District of California. Doc. 59.

“For the

convenience of parties and witnesses, in the interest of justice, a district court may transfer
any civil action to any other district or division where it might have been brought or to any
district or division to which all parties have consented.” 28 U.S.C. § 1404(a). Having

considered the Motion, to which all parties consent, the Court finds that transfer of this case
is in the interest of justice.

The Motion references a Stipulation Regarding Second Amended Complaint and

Updated Joint Proposed Scheduling Plan, Doc. 55, filed on June 1, 2021, wherein the parties

agreed that Plaintiffs could file their Second Amended Complaint. Doc. 55 at 4. The

Stipulation, which was not filed or styled as a motion, stated that the deadline for Defendants’

responsive pleading to the Second Amended Complaint would be “30 days from the date of
approval of this Stipulation.” Id. at 5. The Motion to Transfer notes that “[a]s of the date of

this motion, the Court has not approved the Stipulation,” and asks that the deadline for
Defendants’ responsive pleading be thirty days from the date of transfer. Doc. 59 ¶¶ 1, 10.

Under the Federal Rules of Civil Procedure, “a party may amend its pleading only with

the opposing party’s written consent or the court’s leave.” Fed. R. Civ. Proc. 15(a)(2)

Per the Second Amended Complaint, Plaintiffs Freeman and Trout have been replaced as named
plaintiffs by Jamie Brown. Doc. 56.
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Case: 4:19-cv-02550-SEP Doc. #: 60 Filed: 01/24/22 Page: 2 of 2 PageID #: 1999
(emphasis added). The Stipulation noted Defendants’ consent to the filing of the Second

Amended Complaint. Doc. 55 at 4. As such, leave of this Court was not required. See Fed. R.

Civ. Proc. 15(a)(2). The Second Amended Complaint has been the operative pleading in this
action since June 1, 2021. Due to the parties’ misunderstanding, however, the Court will

grant their current request for an extension of the responsive pleading deadline until thirty
days from the date of this Order.

The Court also notes that the June 1, 2021, Stipulation included a proposed revised

joint scheduling plan. Doc. 55 at 4-5. Before that filing, the action had been governed by the

Amended Case Management Order issued on March 13, 2021. Doc. 42. Under the Federal

Rules of Civil Procedure, a scheduling order “may be modified only for good cause and with
the judge’s consent.” Fed. R. Civ. Proc. 16(b)(4). The parties may not stipulate to an

amendment of a scheduling order. Based on their earlier request to amend the original Case

Management Order, see Doc. 41, the parties appear to be aware that the appropriate vehicle
for seeking the Court’s consent to amend a case management order is a motion supported by

good cause. Therefore, although the Court finds good cause for the requested extension of
the deadline for responding to the Second Amended Complaint, in all other respects the
Amended Case Management Order, Doc. 42, still governs this litigation unless and until the
parties file a motion seeking its amendment.
Accordingly,

IT IS HEREBY ORDERED that the Motion to Transfer Venue to the United States

District Court for the Central District of California [Doc. 59] is GRANTED. A separate Order
of Transfer will be filed herewith.

IT IS FURTHER ORDERED that Defendants shall file their responsive pleading to

the Second Amended Complaint within thirty (30) days from the date of this Order.
Dated this 24th day of January, 2022.

SARAH E. PITLYK
UNITED STATES DISTRICT JUDGE
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