Kirkpatrick v. Alderwoods Group, Inc. et al

Western District of Texas, txwd-6:2011-cv-00238

ORDER RE: MOTION TO SEVER [Transferred from California Northern on 9/7/2011.]

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 WILLIAM HELM, et al. No. C 08-01184 SI 9 Plaintiffs, ORDER RE: MOTION TO SEVER 10 v. For the Northern District of California 11 ALDERWOODS GROUP INC., et al. United States District Court 12 Defendants. / 13 14 Defendants have filed a motion to sever the claims of all of the named plaintiffs in this action, 15 and dismiss the claims of all plaintiffs but William Helm. A hearing on the motion is scheduled for 16 Friday, July 15, 2011. The Court's preliminary view is that severance is necessary; that dismissal is not 17 required by Coughlin v. Rogers, 130 F.3d 1348 (9th Cir. 1997), or the Federal Rules of Civil Procedure; 18 and that it would be unduly prejudicial to dismiss the severed plaintiffs' claims at this late stage of 19 litigation. Therefore, parties shall be prepared to answer the following questions at the July 15 hearing: 20 1. If the Court severs the claims of all plaintiffs, does the Court retain CAFA jurisdiction 21 over some or all of the claims? See United Steel v. Shell Oil Co., 602 F.3d 1087 (9th Cir. 22 2010)? 23 2. If so, may and should the Court transfer some or all of the claims to other federal district 24 courts pursuant to 28 U.S.C. § 1404? See Wyndham Associates v. Bintliff, 398 F.2d 614, 25 618 (2d Cir. 1968). 26 3. If not, may and should the Court remand some or all of the claims to the Alameda 27 County Superior Court? May and should the Court transfer some or all of the claims to 28 other federal district courts pursuant to 28 U.S.C. § 1631? 1 The parties shall also be prepared to inform the Court of their preferred resolution, given the 2 Court's preliminary view. 3 4 IT IS SO ORDERED. 5 6 Dated: July 11, 2011 SUSAN ILLSTON 7 United States District Judge 8 9 10 For the Northern District of California 11 United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2