Ngo v. Mercedes-Benz USA, LLC, et al.

Summary

The United States District Court for the Central District of California denied Plaintiff Nhue Q. Ngo’s motion to remand an action concerning an allegedly defective motor home. The court concluded that Plaintiff did not sufficiently demonstrate compliance with the court’s Local Rule 7-3 meet-and-confer requirement and therefore declined to consider the motion. The court also vacated the scheduled hearing and took the matter off calendar.

Holdings

1. A party seeking to file a motion must establish that counsel conducted the conference required by Local Rule 7-3 in person, by telephone, or by video conference; a claimed contact and email exchange did not sufficiently demonstrate such a conference here.
2. The court may decline to consider and deny a motion that was filed without compliance with Local Rule 7-3.

Questions Presented

1. Whether Plaintiff complied with Central District of California Local Rule 7-3 before filing the motion to remand.
2. Whether the court should decline to consider and deny the motion to remand under Local Rule 7-4 because Plaintiff failed to establish the required meet-and-confer conference.

Disposition

other