Filed: Jan. 23, 2020
Latest Update: Jan. 23, 2020
Summary: STIPULATION AND [PROPOSED] ORDER GRANTING DEFENDANT FORD MOTOR COMPANY'S 28 U.S.C. 1404(a) MOTION TO TRANSFER VENUE JAMES DONATO , District Judge . WHEREAS, on August 9, 2019, the same three law firms representing the named Plaintiffs here filed a nearly identical complaint against Ford on behalf of a putative nationwide class in the Eastern District of Michigan. Droesser v. Ford Motor Co., No. 5:19cv12365-JEL (E.D. Mich.). Ford moved to transfer Farlow (and two other cases Nunez v.
Summary: STIPULATION AND [PROPOSED] ORDER GRANTING DEFENDANT FORD MOTOR COMPANY'S 28 U.S.C. 1404(a) MOTION TO TRANSFER VENUE JAMES DONATO , District Judge . WHEREAS, on August 9, 2019, the same three law firms representing the named Plaintiffs here filed a nearly identical complaint against Ford on behalf of a putative nationwide class in the Eastern District of Michigan. Droesser v. Ford Motor Co., No. 5:19cv12365-JEL (E.D. Mich.). Ford moved to transfer Farlow (and two other cases Nunez v. F..
More
STIPULATION AND [PROPOSED] ORDER GRANTING DEFENDANT FORD MOTOR COMPANY'S 28 U.S.C. § 1404(a) MOTION TO TRANSFER VENUE
JAMES DONATO, District Judge.
WHEREAS, on August 9, 2019, the same three law firms representing the named Plaintiffs here filed a nearly identical complaint against Ford on behalf of a putative nationwide class in the Eastern District of Michigan. Droesser v. Ford Motor Co., No. 5:19cv12365-JEL (E.D. Mich.). Ford moved to transfer Farlow (and two other cases Nunez v. Ford Motor Co., 1:18cv25211 (S.D. Fla. filed Dec. 12, 2018), and Stevens v. Ford Motor Co., No. 2:18cv456 (S.D. Tex. filed Dec. 20, 2018)) to the Eastern District of Michigan under 28 U.S.C. § 1404(a). See, e.g., Motion to Transfer, Farlow, ECF No. 61 (Aug. 28, 2019).
WHEREAS, shortly before Ford moved to transfer, those same three firms asked the Judicial Panel on Multidistrict Litigation ("JPML") to centralize the cases against Ford and other manufacturers in a multidistrict litigation ("MDL") under 28 U.S.C. § 1407. See Notice, ECF No. [59] (Aug. 23, 2019).
WHEREAS this Court stayed all proceedings before it on September 9, 2019 pending the outcome of Plaintiffs' Motion before the JPML.
WHEREAS on December 18, 2019, the JPML held centralization was unnecessary, and noted that "[i]f [Ford's 1404(a)] motions are granted, all four actions against Ford will be in a single district, further lessening any need for centralization." In re: CP4 Fuel Pump Marketing, Sales Practices, and Products Liability Litigation, MDL No. 2919, at 2 n.1 (Dec. 18, 2019).
WHEREAS on December 20, 2019, Plaintiffs' counsel advised that they now are amenable to transfer of the Farlow matter to the Eastern District of Michigan for consolidation with the Droesser matter already pending there pursuant to 28 U.S.C. § 1404(a) and will not oppose Ford's pending motion.
WHEREAS consolidation pursuant to 28 U.S.C. § 1404(a) will enhance the "convenience of the parties and witnesses" and is in the "interest of justice." Moreover, transfer to the Eastern District of Michigan is likewise proper as venue is proper in the Eastern District of Michigan, where Ford's principal place of business is located, and the Farlow matter and the Droesser matter share nearly identical allegations and legal theories.
IT IS THEREFORE STIPULATED AND AGREED that this action be transferred to the E.D. Mich. as a related action to the Droesser matter, No. 5:19cv12365-JEL (E.D. Mich.).
Dated: January 17, 2020 McGUIREWOODS LLP
By: /s/ Bethany Gayle Lukitsch
Bethany Gayle Lukitsch
Perry W. Miles IV
Courtney Cook Shytle
355 South Grand Avenue, Suite 4200
Los Angeles, CA 90071
213-627-2268/Fax: 213-627-2579
E-mail: blukitsch@mcguirewoods.com
E-mail: pmiles@mcguirewoods.com
E-mail: cshytle@mcguirewoods.com
Attorneys for Ford Motor Company
Dated: January 17, 2020 HILLIARD, MARTINEZ, GONZALES LLP
By: /s/ Bradford P. Klager
Robert C. Hilliard (Admitted Pro Hac Vice)
Marion Reilly (Admitted Pro Hac Vice)
Bradford P. Klager (Admitted Pro Hac Vice)
Lauren Akers (Admitted Pro Hac Vice)
719 S. Shoreline Boulevard
Corpus Christi, Texas 78401
361-882-1612/Fax: 361-882-3015
E-mail: bobh@hmglawfirm.com
E-mail: marion@hmglawfirm.com
E-mail: brad@hmglawfirm.com
E-mail: lakers@ hmglawfirm.com
E-mail: HMGservice@hmglawfirm.com
HAGENS BERMAN SOBOL SHAPIRO LLP
Steve W. Berman (Admitted Pro Hac Vice)
Shana E. Scarlett
Jeff D. Friedman
1301 Second Avenue, Suite 2000
Seattle, Washington 98101
206-623-7292/Fax: 206-623-0594
E-mail: steve@hbsslaw.com
E-mail: shanas@hbsslaw.com
E-mail: jefff@hbsslaw.com
Attorneys for Plaintiffs and the Proposed Class
PURSUANT TO STIPULATION, IT IS SO ORDERED.
