Rita Medellin v. Ikea U.S.A. West, Inc.
Rita MEDELLIN, on Behalf of Herself and All Others Similarly Situated, Plaintiff-Appellant, v. IKEA U.S.A. WEST, INC., Defendant-Appellee
- Proceeding
- appeal
- Trial court
- United States District Court for the Southern District of California
- Trial judge
- Cynthia Ann Bashant (district judge)
- Outcome
- vacated — VACATED AND REMANDED.
- Area
- civil
- Panel
- Richard C. Tallman (author), Michelle T. Friedland, Faber
Analysis
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Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 13 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT RITA MEDELLIN, On Behalf of Herself No. 15-55174 and All Others Similarly Situated, D.C. No. Plaintiff-Appellant, 3:11-cv-00701-BAS-BGS v. ORDER* IKEA U.S.A. WEST, INC., Defendant-Appellee.
Appeal from the United States District Court for the Southern District of California Cynthia A. Bashant, District Judge, Presiding Submitted January 11, 2017** Pasadena, California Before: TALLMAN and FRIEDLAND, Circuit Judges, and FABER,*** Senior District Judge.
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable David A. Faber, Senior United States District Judge for the Southern District of West Virginia, sitting by designation. Rita Medellin appeals the district 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. Medellin concedes that she alleged only a bare procedural violation of the statute and suffered no other cognizable harm. A plaintiff cannot “allege a bare procedural violation, divorced from any concrete harm, and satisfy the injury-in-fact requirement of Article III.” Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016). Because Medellin lacks standing, we vacate the district court’s judgment and remand with instructions that the district court dismiss this action without prejudice for lack of standing.
The motions pending at docket numbers 22 and 37 are denied as moot. Each party shall bear its own costs on appeal.
VACATED AND REMANDED.