Castillo v. United Rentals (North America), Inc.

Filing 74

ORDER instructing United Rentals to file, no later than Friday, March 22, 2018, at 5:00 p.m., a second supplemental brief on the propriety of transfer to the District of Connecticut. Signed by Judge James L. Robart. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SEAN POWELL,

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CASE NO. C17-1573JLR
Plaintiff,

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ORDER

v.
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UNITED RENTALS (NORTH
AMERICA), INC.,

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Defendant.

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On March 6, 2019, the court held oral argument on Defendant United Rentals
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(North America), Inc.’s (“United Rentals”) motion to compel arbitration. (Mot. (Dkt.
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# 62); see also 3/1/19 Order (Dkt. # 69).) During oral argument, the court raised the
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possibility of transferring this matter to the United States District Court for the District of
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Connecticut. The court raised this possibility in light of the clause in the arbitration
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agreement at issue that grants that court, in addition to a Connecticut state court,
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ORDER - 1

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“exclusive jurisdiction” to “interpret[] and enforce[] . . . the terms” of the arbitration

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agreement. (See Marzulla Decl. (Dkt. # 64) ¶ 4, Ex. A (“Agreement”) § D.)

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In the Ninth Circuit, a district court may raise sua sponte the issue of transfer as

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long as the affected parties are given an opportunity to be heard. See Lexington Ins. Co.

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v. Centex Homes, 795 F. Supp. 2d 1084, 1090 (D. Haw. 2011) (“The court may transfer

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venue sua sponte, so long as the parties are first given an opportunity to present their

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views on the issue.”) (citing Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986)). In

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a supplemental brief submitted after oral argument, Mr. Powell argues that sua sponte

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transfer to the District of Connecticut would be improper under 28 U.S.C. § 1404(a).

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(See Pl. Supp. Br. (Dkt. # 71).) United Rentals’ supplemental brief addresses a different

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issue raised at oral argument but does not expressly discuss United Rentals’ position on

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the appropriateness of transfer. (See Def. Supp. Br. (Dkt. # 72).) Accordingly, the court

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ORDERS United Rentals to file, no later than Friday, March 22, 2018, at 5:00 p.m., a

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second supplemental brief on the propriety of transfer to the District of Connecticut under

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28 U.S.C. § 1404(a). United Rentals need not repeat the arguments regarding waiver it

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made in its reply to Mr. Powell’s response to its motion to compel arbitration and at oral

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ORDER - 2

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argument. (See Reply (Dkt. # 68) at 3.) United Rentals shall limit its supplemental brief

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to no more than five pages.

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Dated this 19th day of March, 2019.

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A

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The Honorable James L. Robart
U.S. District Court Judge

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ORDER - 3