Filed: Jun. 08, 2016
Latest Update: Jun. 08, 2016
Summary: ORDER DENYING PLAINTIFF'S MOTION TO REMAND Re: Dkt. No. 19 JOSEPH C. SPERO , Magistrate Judge . On June 7, 2016, Plaintiff Justin Lewis filed a Motion, dkt. 19, requesting that the Court vacate its venue transfer order, dkt. 18, and remand the case to California Superior Court, County of Alameda. Lewis argues that he lacks Article III standing under the Supreme Court's recent decision in Spokeo, Inc. v. Robbins, 136 S.Ct. 1540 (2016), and the case must be remanded to state court. Mot. at
Summary: ORDER DENYING PLAINTIFF'S MOTION TO REMAND Re: Dkt. No. 19 JOSEPH C. SPERO , Magistrate Judge . On June 7, 2016, Plaintiff Justin Lewis filed a Motion, dkt. 19, requesting that the Court vacate its venue transfer order, dkt. 18, and remand the case to California Superior Court, County of Alameda. Lewis argues that he lacks Article III standing under the Supreme Court's recent decision in Spokeo, Inc. v. Robbins, 136 S.Ct. 1540 (2016), and the case must be remanded to state court. Mot. at ..
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ORDER DENYING PLAINTIFF'S MOTION TO REMAND
Re: Dkt. No. 19
JOSEPH C. SPERO, Magistrate Judge.
On June 7, 2016, Plaintiff Justin Lewis filed a Motion, dkt. 19, requesting that the Court vacate its venue transfer order, dkt. 18, and remand the case to California Superior Court, County of Alameda. Lewis argues that he lacks Article III standing under the Supreme Court's recent decision in Spokeo, Inc. v. Robbins, 136 S.Ct. 1540 (2016), and the case must be remanded to state court. Mot. at 3-6. Because the standing issue that Lewis raises is not straightforward, the Court was not required to determine that jurisdictional issue before properly transferring the case to the Northern District of Texas. S.F. Tech., Inc. v. Adobe Sys. Inc., et al., Nos. CV 10-01652 RS, C 09-6083 RS, 2010 WL 1640397, at *2-3 (N.D. Cal. Apr. 19, 2010) (citing Sinochem Int'l Co. v. Malaysia Int'l Shipping Corp., 549 U.S. 422, 431-432 (2007); In re: LimitNone, LLC, 551 F.3d 572, 577 (7th Cir. 2008); Pub. Emps.' Ret. Sys. of Miss. v. Morgan Stanley, 605 F.Supp.2d 1073 (C.D. Cal. 2009)). Lewis's Motion is therefore DENIED and the hearing scheduled for August 12, 2016, is vacated.
IT IS SO ORDERED.
