McPhail v. FCA US, LLC.

• Court: District Court, S.D. California
• Decided: January 6, 2025
• Docket: 3:24-cv-01879
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PRISCILLA MCPHAIL and JAMES Case No.: 24-cv-1879-WQH-DDL MCPHAIL, 12 ORDER TO SHOW CAUSE; Plaintiffs, 13 VACATING EARLY NEUTRAL v. EVALUATION AND CASE 14 MANAGEMENT CONFERENCE; FCA US, LLC, 15 AND SETTING ORDER TO SHOW

CAUSE HEARING 16 Defendant.

17 [Dkt. Nos. 5-6]

18 19 The Court sua sponte raises the questions of whether venue over this case is proper 20 in this district under 28 U.S.C. § 1391, whether transfer of this case to another district is 21 appropriate under 28 U.S.C. § 1404, and whether Plaintiff has standing. 22 Therefore, by not later than January 17, 2025, the parties are Ordered to Show 23 Cause in writing (1) why this case should not be dismissed for improper venue or 24 transferred to another district in the interest of justice and (2) whether Plaintiff has standing 25 to seek relief under the Song-Beverley Act and Cummins, Inc. v. Superior Ct., 26 36 Cal. 4th 478, 483, 115 P.3d 98, 99 (2005) (“We conclude that the Act does not apply 27 unless the vehicle was purchased in California.”). All factual representations submitted 28 with Responses to this Order to Show Cause must be supported by declarations signed 1 || under penalty of perjury. The Court also sets an Order to Show Cause Hearing for January 2 2025 at 11:00 a.m. in Courtroom 3A of the Edward J. Schwartz United States 3 || Courthouse, 221 West Broadway, San Diego, CA 92101. 4 Because the questions raised by the Court may impact the discussions that take place 5 the Early Neutral Evaluation, the Court also VACATES the Early Neutral Evaluation 6 ||Conference (“ENE”) and Case Management Conference (“CMC”) scheduled for 7 || January 13, 2025 at 2:00 p.m. The Court will reset these dates, if necessary, after its review 8 || of the parties’ written Responses to this Order to Show Cause. 9 The parties have also filed two motions, one titled “Joint Motion to Dismiss Case” 10 |/and one titled “Joint Motion to Continue Early Neutral Evaluation Conference and Case 11 ||Management Conference.” Dkt. Nos. 5-6. These motions are identical except in title, and 12 || both seek to continue the ENE and CMC for 90 days. /d. The Court DENIES AS MOOT 13 || both motions in light of its decision to vacate the ENE and CMC. 14 15 IT IS SO ORDERED. 16 ||Dated: January 6, 2025 it 17 Tb hohe

19 United States Magistrate Judge 20 21 22 23 24 25 26 27 28