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Bradburn v. Volkswagen Group of America, Inc., 3:16-CV-04369-CRB. (2016)

Court: District Court, N.D. California Number: infdco20161201d59 Visitors: 13
Filed: Nov. 03, 2016
Latest Update: Nov. 03, 2016
Summary: STIPULATION TO REMAND CHARLES R. BREYER , District Judge . Plaintiff Rhonda Bradburn ("Plaintiff") and Defendant Volkswagen Group of America, Inc. ("VWGoA") by and through their respective counsel, hereby stipulate as follows: WHEREAS, on June 13, 2016, Plaintiff filed the original Complaint in Sacramento County Superior Court. Plaintiff's claims arose from alleged defects with sunroof, fuel system, transmission, engine, battery and emissions system in the vehicle purchased by Plaintiff.
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STIPULATION TO REMAND

Plaintiff Rhonda Bradburn ("Plaintiff") and Defendant Volkswagen Group of America, Inc. ("VWGoA") by and through their respective counsel, hereby stipulate as follows:

WHEREAS, on June 13, 2016, Plaintiff filed the original Complaint in Sacramento County Superior Court. Plaintiff's claims arose from alleged defects with sunroof, fuel system, transmission, engine, battery and emissions system in the vehicle purchased by Plaintiff. The Complaint alleged that VWGoA failed to repair the vehicle or to make it conform with its warranties or representations concerning the vehicle;

WHEREAS, on or about July 14, 2016, Defendants removed the case to the United States District Court for the Eastern District of California;

WHEREAS, on or about August 2, 2016, this action was transferred to the federal multidistrict litigation pending in front of Judge Charles Breyer in the United States District Court for the Northern District of California in In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, Case No. 3:15-md-02672-CRB (MDL No. 2672) ("the MDL");

WHEREAS, Plaintiff has agreed, upon remand, to dismiss all emissions-related causes of action and not to further amend his complaint to add any emissions-related causes of action;

WHEREAS, in light of the above agreement, the parties now agree that this action should be remanded to Sacramento Superior Court for further adjudication;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between counsel for Plaintiff and counsel for Defendant, that the Bradburn action should be remanded immediately to Sacramento Superior Court.

Pursuant to Local Rule 5-1(i)(3), I, Laura K. Oswell, attest that all other signatories listed, and on whose behalf this filing is submitted, concur in the filing's content and have authorized the filing.

Source:  Leagle

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