Summary
The United States District Court for the Northern District of California denied Sergey Firsov’s motion to reconsider the dismissal with prejudice of his claims against Scandinavian Airlines System. The court also denied as moot his motion to transfer venue to the District of New Jersey and stated that any request for civil contempt proceedings regarding unpaid sanctions must be made by motion. The order was entered on January 28, 2026.
Holdings
- Reconsideration was properly denied because Plaintiff identified no newly discovered or previously unavailable evidence, no intervening change in controlling law, and no manifest error of law or fact or manifest injustice warranting relief.
- The Montreal Convention did not establish personal jurisdiction over SAS for the challenged flight, and Plaintiff failed to explain how the Court could exercise personal jurisdiction over SAS concerning a Copenhagen-to-Toronto flight.
- The motion to transfer to the District of New Jersey was moot because the motion for reconsideration was denied and was otherwise an improper attempt at forum shopping.
- The Court would not initiate contempt proceedings on the notice alone; SAS and/or SANA must file a motion specifying the requested relief and providing authority supporting it.
Questions Presented
- Whether Plaintiff established a basis for reconsideration of the final judgment under Federal Rule of Civil Procedure 59(e), or alternatively Rule 60(b).
- Whether Plaintiff's motion to transfer the action to the District of New Jersey should be granted.
- Whether the Court should initiate civil contempt proceedings based on Plaintiff's failure to pay monetary sanctions without a properly filed motion.
Disposition
other
Cases Cited (2)
- McDowell v. Calderon, 197 F.3d 1253, 1255 n.1 (9th Cir. 1999)(followed)
- Allstate Ins. Co. v. Herron, 634 F.3d 1101, 1111 (9th Cir. 2011)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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