Rael v. The Children's Place, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Gonzalo P. Curiel (author)
Analysis
Plaintiffs filed an amended motion for preliminary approval of settlement and provisional class certification that was noticed for a hearing one week after filing, violating the district's local rules requiring a hearing date to be obtained and filed 28 days in advance. The court dismissed the motion without prejudice for failure to comply with Local Rule 7.1.e.1.
| What the court decided | The model |
|---|---|
Dismissal of Plaintiffs' Amended Motion for Settlement and Provisional Class Certification without prejudice“Consequently, the Court DISMISSES Plaintiffs motion for failure to comply with Local Rule 7.1.¢.1.” | agree with court The order recites that the motion was filed within one week of the proposed hearing date and that the date was not obtained at the time of filing. The order cites Local Rule 7.1.e.1, which requires motions to be filed at least 28 days prior to the noticed date, and cites Ninth Circuit precedent establishing that local rules have the force of law and that courts have inherent power to control their dockets. The dismissal is without prejudice, allowing the plaintiffs to re-file after obtaining a proper hearing date. This is a standard procedural dismissal for non-compliance with local rules. |
The order itself: sound — The order correctly identifies the procedural defect (failure to obtain a hearing date and file 28 days in advance) and cites appropriate Ninth Circuit authority for the binding nature of local rules and the court's inherent docket control powers. The dismissal is without prejudice, which is the appropriate remedy for a curable procedural defect. The reasoning is concise but sufficient for a procedural dismissal.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MONICA RAEL and ALYSSA Case No.: 3:16-cv-00370-GPC-LL HEDRICK, on behalf of themselves and 12 all others similarly situated, ORDER DISMISSING WITHOUT 13 PREJUDICE AMENDED MOTION Plaintiffs, FOR SETTLEMENT AND 14 v. PROVISIONAL CLASS 15 CERTIFICATION THE CHILDREN’S PLACE, INC., a 16 DELAWARE corporation, and DOES 1- ECF No. 58. 50, inclusive, 17 Defendant. 18 19 On November 22, 2017, Plaintiffs Monica Rael and Alyssa Hedrick filed an 20 unopposed motion for preliminary approval of settlement and provisional class 21 certification. ECF No. 36. On April 2, 2018, the Court stayed proceedings pending the 22 Ninth Circuit’s decision on the petitions for rehearing en banc in In re Hyundai & Kia 23 Fuel Economy Litigation, 881 F.3d 679 (9th Cir. 2018). ECF No. 48. On June 17, 2019, 24 the Court lifted the stay. ECF No. 57. Then, on October 25, 2019, Plaintiffs amended 25 their motion for preliminary approval of settlement and provisional class certification. 26 ECF No. 58. Plaintiffs noticed the motion for a hearing on November 1, 2019. Id. 27 28 1 “Local rules have the ‘force of law’ and are binding upon the parties and upon the 2 ||court.” Prof’! Programs Grp. v. Dep’t of Commerce, 29 F.3d 1349, 1353 (9th Cir. 1994) 3 || (citations omitted). Per the local rules of this District, parties must obtain a hearing date 4 ||for any motion where the “‘court’s ruling is necessary.” CivLR 7.1.e.1. Unless the Court 5 || grants permission to file with reduced time, the motion must be filed at least “twenty- 6 || eight (28) days prior to the date for which the matter is noticed.” Jd. Where a party fails 7 ||to comply with the local rules in filing a motion, a court may dismiss the motion. See 8 ||Atchinson, Topeka & Santa Fe Ry. Co. v. Hercules Inc., 146 F.3d 1071, 1074 (9th Cir. 9 || 1998) (“District courts have inherent power to control their dockets.”’). 10 Here, Plaintiff's motion was filed within one week of the proposed hearing date, 11 || and that date was not obtained at the time of filing. Consequently, the Court DISMISSES 12 || Plaintiffs motion for failure to comply with Local Rule 7.1.¢.1. Plaintiff may obtain a 13 hearing date by calling chambers, and then re-file the motion with that date. 14 IT IS SO ORDERED. 15 16 ||Dated: October 31, 2019 <= 18 United States District Judge 19 20 21 22 23 24 25 26 27 28