MEDELLIN v. IKEA U.S.A. WEST, INC., 11-cv-00701-BAS-BGS. (2017)
Court: District Court, N.D. California
Number: infdco20170331k31
Visitors: 7
Filed: Mar. 29, 2017
Latest Update: Mar. 29, 2017
Summary: ORDER DISMISSING CASE WITHOUT PREJUDICE FOR LACK OF STANDING CYNTHIA BASHANT , District Judge . On January 7, 2015, the Court granted the parties' motion for entry of judgment in favor of Plaintiff Rita Medellin against Defendant IKEA U.S.A. West, Inc. (ECF No. 274.) Plaintiff thereafter appealed this Court's order decertifying her putative class action alleging violations of California's Song Beverly Credit Card Act of 1971, Cal. Civ. Code 1747.08. (ECF No. 275.) The Ninth Circuit, howev
Summary: ORDER DISMISSING CASE WITHOUT PREJUDICE FOR LACK OF STANDING CYNTHIA BASHANT , District Judge . On January 7, 2015, the Court granted the parties' motion for entry of judgment in favor of Plaintiff Rita Medellin against Defendant IKEA U.S.A. West, Inc. (ECF No. 274.) Plaintiff thereafter appealed this Court's order decertifying her putative class action alleging violations of California's Song Beverly Credit Card Act of 1971, Cal. Civ. Code 1747.08. (ECF No. 275.) The Ninth Circuit, howeve..
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ORDER DISMISSING CASE WITHOUT PREJUDICE FOR LACK OF STANDING
CYNTHIA BASHANT, District Judge.
On January 7, 2015, the Court granted the parties' motion for entry of judgment in favor of Plaintiff Rita Medellin against Defendant IKEA U.S.A. West, Inc. (ECF No. 274.) Plaintiff thereafter appealed this Court's order decertifying her putative class action alleging violations of California's Song Beverly Credit Card Act of 1971, Cal. Civ. Code § 1747.08. (ECF No. 275.) The Ninth Circuit, however, concluded Plaintiff lacked standing to pursue this action because she alleged only a bare procedural violation of the Song Beverly Act and suffered no other cognizable harm. (ECF No. 283 (citing Spokeo, Inc. v. Robins, 136 S.Ct. 1540, 1549 (2016)).) Thus, the Ninth Circuit vacated this Court's judgment and remanded the action with instructions that this Court dismiss the action without prejudice for lack of standing. (Id.) Accordingly, the Court DISMISSES WITHOUT PREJUDICE this action for lack of standing.
IT IS SO ORDERED.
Source: Leagle
