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In re Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 2672 CRB (JSC). (2019)

Court: District Court, N.D. California Number: infdco20191101g95 Visitors: 3
Filed: Oct. 30, 2019
Latest Update: Oct. 30, 2019
Summary: ORDER TO SHOW CAUSE CHARLES R. BREYER , Senior District Judge . Pursuant to Pretrial Order No. 24, Plaintiffs who opted out of the 2.0-liter or 3.0-liter class action settlements and who had not since settled with or released their claims against the Volkswagen Defendants were required to "serve upon the Volkswagen Defendants' counsel a complete and signed Plaintiff Fact Sheet (`PFS')," along with supporting documents, by Thursday, August 15, 2019. ( See PTO 24, Dkt. No. 6300 at 1-2.) The
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ORDER TO SHOW CAUSE

Pursuant to Pretrial Order No. 24, Plaintiffs who opted out of the 2.0-liter or 3.0-liter class action settlements and who had not since settled with or released their claims against the Volkswagen Defendants were required to "serve upon the Volkswagen Defendants' counsel a complete and signed Plaintiff Fact Sheet (`PFS')," along with supporting documents, by Thursday, August 15, 2019. (See PTO 24, Dkt. No. 6300 at 1-2.)

The Volkswagen Defendants have identified thirteen plaintiffs who did not serve a completed PFS and supporting documents, as required, and have asked the Court to dismiss these plaintiffs' cases unless good cause is shown. (See Dkt. No. 6697; Dkt. No. 6738 (amended list).) The thirteen plaintiffs in question are identified in the Appendix to this Order. The Court orders each of them to show cause, by Wednesday, November 6, 2019, for their noncompliance with Pretrial Order No. 24. Absent a showing of good cause, the Court may dismiss their cases. See Fed. R. Civ. P. 41(b) ("If the plaintiff fails to . . . comply with . . . a court order, a defendant may move to dismiss the action or any claim against it.").

IT IS SO ORDERED.

APPENDIX: LIST OF NON-COMPLIANT PLAINTIFFS

Plaintiff Case Information Counsel Donna McQuiggan Allen et al. v. Volkswagen Group of Kent Law Offices America Inc., 16-cv-02424 Tony Ray Byrum Byrum v. Volkswagen Group of APLC America, Inc. et al., 17-cv-02685 Bev Johnson Cantu et al. v. Volkswagen Group of Law Office of Bobby America, Inc. et al., 17-cv-03198 Garcia PC; Eckerson Law Firm, PLLC Jose Trevino Cantu et al. v. Volkswagen Group of Law Office of Bobby America, Inc. et al., 17-cv-03198 Garcia PC; Eckerson Law Firm, PLLC Laura Torres Davila et al. v. Volkswagen Group of Law Office of Bobby America, Inc. et al., 17-cv-02029 Garcia PC; Eckerson Law Firm, PLLC Miriam Martinez Davila et al. v. Volkswagen Group of Law Office of Bobby America, Inc. et al., 17-cv-02029 Garcia PC; Eckerson Law Firm, PLLC John Michael Gullotti Jackson et al. v. Volkswagen Group of MLG Automotive Law, America, Inc., 16-cv-00616 APLC; Wesierski & Zurek, LLP Camille Jackson Jackson et al. v. Volkswagen Group of MLG Automotive Law, America, Inc., 16-cv-00616 APLC; Wesierski & Zurek, LLP Casandra Lane Lane v. Volkswagen Group of Hossley Embry LLP America, Inc., 16-cv-02175 Mark R. Moskowitz Pease et al. v. Volkswagen Group of Mark R. Moskowitz America, Inc., 16-cv-01820 Jay Rothman Rothman v. Motorcars West, LLC et Law Offices of Robert B. al., 16-cv-04728 Mobasseri, P.C. Kathryn L. Shillin Shilling v. Volkswagen Group of Kathryn L. Shilling America, Inc., 18-cv-00423 Robin L. Swanson Swanson et al. v. Volkswagen Group Underwood & Riemer, PC of America, Inc., 16-cv-04363
Source:  Leagle

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