Filed: Jan. 07, 2016
Latest Update: Jan. 07, 2016
Summary: ORDER JAMES S. MOODY, Jr. , District Judge . THIS CAUSE is before the Court on Defendant VOLKSWAGEN GROUP OF AMERICA, INC.'s Motion to Stay Pending Transfer to Multidistrict Proceeding (Dkt. #3) and Plaintiff's Response (Dkt. #20). The Court notes that since the filing of Defendant's motion, the Judicial Panel on Multidistrict Litigation, under Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, has transferred this action, along with sevent
Summary: ORDER JAMES S. MOODY, Jr. , District Judge . THIS CAUSE is before the Court on Defendant VOLKSWAGEN GROUP OF AMERICA, INC.'s Motion to Stay Pending Transfer to Multidistrict Proceeding (Dkt. #3) and Plaintiff's Response (Dkt. #20). The Court notes that since the filing of Defendant's motion, the Judicial Panel on Multidistrict Litigation, under Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, has transferred this action, along with sevente..
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ORDER
JAMES S. MOODY, Jr., District Judge.
THIS CAUSE is before the Court on Defendant VOLKSWAGEN GROUP OF AMERICA, INC.'s Motion to Stay Pending Transfer to Multidistrict Proceeding (Dkt. #3) and Plaintiff's Response (Dkt. #20).
The Court notes that since the filing of Defendant's motion, the Judicial Panel on Multidistrict Litigation, under Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, has transferred this action, along with seventeen others from ten federal districts, to the Northern District of California. In re: Volkswagen "Clean Diesel" Marketing Sales Practices, and Products Liability Litigation, MDL No. 2672, Dkt. 1036. In light of that order, and upon consideration of the parties' pleadings,
It is hereby ORDERED AND ADJUDGED that:
1. Defendant VOLKSWAGEN GROUP OF AMERICA, INC.'s Motion to Stay Pending Transfer to Multidistrict Proceeding (Dkt. #3) is DENIED as moot.
2. The Clerk of Court is directed to transfer this case to the United States District Court for the Northern District of California in accordance with the order issued in the case styled In re: Volkswagen "Clean Diesel" Marketing Sales Practices, and Products Liability Litigation, MDL No. 2672, Dkt. 1036, attached hereto.
3. The Clerk is further directed to close this file and terminate all pending motions as moot.
DONE and ORDERED.
Copies furnished to:
Counsel/Parties of Record
Attachment:
Conditional Transfer Order (CTO-12)
UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION
IN RE: VOLKSWAGEN "CLEAN DIESEL"
MARKETING, SALES PRACTICES, AND
PRODUCTS LIABILITY LITIGATION MDL No. 2672
(SEE ATTACHED SCHEDULE)
CONDITIONAL TRANSFER ORDER (CTO-12)
On December 8,2015, the Panel transferred 56 civil action(s) to the United States District Court for the Northern District of California for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407. See ___ F.Supp.3d ___ (J.P.M.L. 2015). Since that time, 413 additional action(s) have been transferred to the Northern District of California. With the consent of that court, all such actions have been assigned to the Honorable Charles R. Breyer.
It appears that the action(s) on this conditional transfer order involve questions of fact that are common to the actions previously transferred to the Northern District of California and assigned to Judge Breyer.
Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. § 1407 to the Northern District of California for the reasons stated in the order of December 8, 2015, and, with the consent of that court, assigned to the Honorable Charles R. Breyer.
This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Northern District of California. The transmittal of this order to said Clerk shall be stayed 7 days from the entry thereof. If any party files a notice of opposition with the Clerk of the Panel within this 7-day period, the stay will be continued until further order of the Panel.
FOR THE PANEL:
Jeffery N. Luthi
Clerk of the Panel
IN RE: VOLKSWAGEN "CLEAN DIESEL"
MARKETING, SALES PRACTICES, AND
PRODUCTS LIABILITY LITIGATION MDL No. 2672
SCHEDULE CTO-12 — TAG-ALONG ACTIONS
DTST DIV. C.A. NO. CASE CAPTION
CALIFORNIA CENTRAL
CAC 2 15-09567 Amy Campion Scoggins v. Volkswagen Group of
America, Inc. et al
CAC 2 15-09787 Micah Stuart v. Volkswagen Group of America, et al
CAC 8 15-02016 David Palmer v. Volkswagen Group of America Inc
CAC 8 15-02075 Shevelle Lawce v. Volkswagen Group of America, Inc.
CALIFORNIA EASTERN
CAE 2 15-02555 Vodonick v. Volkswagen Aktiengesellschaft, et al
CALIFORNIA SOUTHERN
CAS 3 15-02637 Tornambe et al v. Volkswagen Group of America, Inc.
FLORIDA MIDDLE
FLM 8 15-02885 Dettloff v. Lokey Oldsmobile, Inc. et al
FLORIDA SOUTHERN
FLS 0 15-62637 Vaughan v. Volkswagen Group of America, Inc. el al
FLS 1 15-24673 Acosta v. Volkwagen Group of America, Inc.
MASSACHUSETTS
MA 1 15-14058 Swarce et al v, Volkswagen Group of America, Inc. et al
MICHIGAN EASTERN
MIE 2 15-14192 Kirkman et al v, Volkswagen Group of America, Inc. et
al.<font color
MIE 4 15-14250 BOOKWALTER et al v. Volkswagen Group of
America, Inc. et al
MISSOURI EASTERN
MOE 4 15-01861 Waters v. Volkswagen Group of America, Inc.
MOE 4 15-01890 Nacke v. Volkswagen Group of America, Inc.
MOE 4 15-01892 Buntin et al v. Volkswagen Group of America, Inc.
NORTH CAROLINA MIDDLE
NCM 1 15-00885 AQUINO-SEGARRA V. VOLKSWAGON GROUP
OF AMERICA, INC.
PENNSYLVANIA EASTERN
PAE 2 15-06090 KOGAN v. VOLKSWAGEN GROUP OF AMERICA
