RITA MEDELLIN, On Behalf of Herself and All Others Similarly Situated v. Ikea U.s.a. West, Inc.

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RITA MEDELLIN, On Behalf of Herself
and All Others Similarly Situated,
Plaintiff-Appellant,
v.
IKEA U.S.A. WEST, INC.,
Defendant-Appellee.
No. 15-55174
D.C. No.
3:11-cv-00701-BAS-BGS
ORDER*
Appeal from the United States District Court
for the Southern District of California
Cynthia A. Bashant, District Judge, Presiding
Submitted January 11, 2017**
Pasadena, California
Before: TALLMAN and FRIEDLAND, Circuit Judges, and FABER,*** Senior
District Judge.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable David A. Faber, Senior United States District Judge
for the Southern District of West Virginia, sitting by designation.
FILED
JAN 13 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2
Rita Medellin appeals the district court’s order decertifying her putative
class action alleging violations of California’s Song-Beverly Credit Card Act of
1971, Cal. Civ. Code § 1747.08. Medellin concedes that she alleged only a bare
procedural violation of the statute and suffered no other cognizable harm. A
plaintiff cannot “allege a bare procedural violation, divorced from any concrete
harm, and satisfy the injury-in-fact requirement of Article III.” Spokeo, Inc. v.
Robins, 136 S. Ct. 1540, 1549 (2016). Because Medellin lacks standing, we vacate
the district court’s judgment and remand with instructions that the district court
dismiss this action without prejudice for lack of standing.
The motions pending at docket numbers 22 and 37 are denied as moot. Each
party shall bear its own costs on appeal.
VACATED AND REMANDED.

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