Gutierrez v. Samsung Electronics America, Inc.
- Sallie Kim
- 3:22-cv-05719
- U.S. District Court · Northern District of California
- 4
In Gutierrez v. Samsung, Judge Kim stayed the case pending the Judicial Panel’s decision on transfer and consolidation.
The stay pauses Tammy Gutierrez’s case against Samsung Electronics America, Inc., while the Judicial Panel on Multidistrict Litigation considers whether to transfer and consolidate related actions.
What happened
Tammy Gutierrez sued Samsung Electronics America, Inc., in a proposed class action. A related case asked the Judicial Panel on Multidistrict Litigation to transfer and combine related cases for coordinated pretrial proceedings, including this one.
Both sides agreed that pausing the case could save court and party resources while the panel considered that request. They agreed that, if the panel denied centralization, they would jointly ask the court to lift the stay and set Samsung’s deadline to respond to the complaint.
In Gutierrez v. Samsung Electronics America, Inc., Judge Sallie Kim ordered the case stayed until the panel decides the transfer request. The order did not decide the claims.
The detailed version
- Gutierrez v. Samsung Electronics America, Inc. · No. 3:22-cv-05719
- Sallie Kim
- Oct. 27, 2022
Background
Tammy Gutierrez filed a class action complaint against Samsung Electronics America, Inc. The opinion states that the complaint was filed on October 4, 2022, and that Samsung was served on October 11, 2022.
A motion was pending before the Judicial Panel on Multidistrict Litigation asking it to transfer related actions for coordinated or consolidated pretrial proceedings under 28 U.S.C. § 1407. The motion specifically listed this action for possible inclusion in a centralization order. The parties stated that the panel’s decision could affect whether this case would proceed in the Northern District of California.
The Parties’ Agreement
The parties jointly stipulated—meaning they agreed and asked the court to enter an order—that the case should be paused while the panel considered the transfer request. They stated that a stay would conserve judicial and party resources. They also agreed that, if the panel denied centralization of the cases, they would confer and jointly submit a proposed order lifting the stay, including a deadline for Samsung’s response to the complaint.
Ruling
Pursuant to the parties’ stipulation, Judge Sallie Kim ordered that the action be stayed pending the panel’s determination on the motion to transfer and consolidate. The order does not decide the claims or otherwise resolve the merits of the lawsuit.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.