Southern Terrace Homeowners Association v. Viega, Inc. et al

Filing 155

ORDER Denying 137 Motion to to Transfer for lack of jurisdiction and Denying 135 Motion to Extend Time re 1 Complaint. Signed by Chief Judge Robert C. Jones on 07/27/2012. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SOUTHERN TERRACE HOMEOWNERS
ASSOCIATION,

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Plaintiff,

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vs.
VIEGA, INC. et al.,

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Defendants.

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2:12-cv-00206-RCJ-GWF
ORDER

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Pending before the Court is a motion to transfer the present action to the District of
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Minnesota pursuant to 28 U.S.C. § 1407. The motion is made by Mr. Tim George, who is not a
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party to the present case, but who is a party to a case in the District of Minnesota, George v.
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Uponor, Inc., 012-cv-00249-ADM-JJK (the “MDL Case”). Mr. George has asked the Judicial
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Panel on Multidistrict Litigation (“JPML”) to transfer the present case to the MDL Case. As
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required by statute, he filed a copy of his motion in the present case, see 28 U.S.C. § 1407(c)(ii),
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but he filed the motion in the present case as a motion, not as a notice. Insofar as Mr. George
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asks this Court to transfer the present case to the MDL Case, his motion is denied for lack of
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jurisdiction. Mr. George must ask the JPML to transfer the present case under § 1407.
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Furthermore, only a party to the present case may ask the JPML to transfer the present case to
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the MDL Case, see id., but this Court has no jurisdiction to deny the motion on that ground; that
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is for the JPML to decide.
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CONCLUSION

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IT IS HEREBY ORDERED that the Motion to Transfer Pursuant to 28 U.S.C. § 1407
(ECF No. 137) is DENIED for lack of jurisdiction.

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IT IS FURTHER ORDERED that the Motion to Extend Time (ECF No. 135) is DENIED

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for the reasons given in Order No. 104 in Waterfall Homeowners Association v. Viega, Inc., Case

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No. 2:11-cv-1498 and Order No. 259 in Slaughter v. Uponor, Inc., Case No. 2:08-cv-1223.

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IT IS SO ORDERED.
Dated this 27th day of July, 2012.

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_____________________________________
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ROBERT C. JONES
T C.
United States District Judge
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es District
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