Tapia

Tapia v. Davol, Inc.

Good Law
562 B.R. 765·2016 U.S. Dist. LEXIS 95493
United States District Court, Southern District of CaliforniaJuly 21, 2016CASE NO. 15cv179-GPC(JLB)California2,442 words

Opinion

Lead Opinion

Honcuriel, J.

ORDER GRANTING DEFENDANTS’ MOTION TO TRANSFER VENUE TO THE UNITED STATES BANKRUPTCY COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA AND DENYING DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS

Before the Court is Defendants Davol, Inc., Bard Devices, Inc. and C.R. Bard, Ine.’s motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). (Dkt. No. 35.) Alternatively, Defendants also filed a motion to transfer venue to the United States Bankruptcy Court for the Central District of California. (Dkt. No. 36.) On May 12, 2016, the parties filed a joint motion to continue the hearing date on the motions informing the Court that a conditional settlement had been reached requiring approval of the bankruptcy trustee and the Bankruptcy Court. 1 (Dkt. No. 44 at 2.)

Subsequently, Plaintiff Jesus Tapia (“Plaintiff’) filed an opposition to Defendants’ motion for judgment on the pleadings but did not file an opposition to Defendant’s motion to transfer venue. (Dkt. No. 46.) Due to a pending conditional settlement, Defendants filed a reply requesting that the Court defer ruling on the motion for judgment on the pleadings and transfer the case to the Bankruptcy Court for…

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