WAGNER v. VOLKSWGEN GROUP OF AMERICA, INC., 16-00069-CB-N. (2016)
Court: District Court, S.D. Alabama
Number: infdco20160426892
Visitors: 2
Filed: Apr. 25, 2016
Latest Update: Apr. 25, 2016
Summary: ORDER CHARLES R. BUTLER, Jr. , Senior District Judge . Upon further review of the motion to remand, the Court has reconsidered its denial of Defendant's motion to stay proceedings pending transfer of this action to the MDL transferee court. Determining whether federal question jurisdiction exists requires evaluation of "`the welter of issues regarding the interrelation of federal and state authority and the proper management of the federal judicial system.'" Grable & Sons Metal Prods., In
Summary: ORDER CHARLES R. BUTLER, Jr. , Senior District Judge . Upon further review of the motion to remand, the Court has reconsidered its denial of Defendant's motion to stay proceedings pending transfer of this action to the MDL transferee court. Determining whether federal question jurisdiction exists requires evaluation of "`the welter of issues regarding the interrelation of federal and state authority and the proper management of the federal judicial system.'" Grable & Sons Metal Prods., Inc..
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ORDER
CHARLES R. BUTLER, Jr., Senior District Judge.
Upon further review of the motion to remand, the Court has reconsidered its denial of Defendant's motion to stay proceedings pending transfer of this action to the MDL transferee court. Determining whether federal question jurisdiction exists requires evaluation of "`the welter of issues regarding the interrelation of federal and state authority and the proper management of the federal judicial system.'" Grable & Sons Metal Prods., Inc. v. Darue Eng'g & Mfg., 545 U.S. 308, 314 (2005) (quoting Franchise Tax Bd. of the State of Cal. v. Constr. Labo rers Vacation Trust for S. Cal., 463 U.S. 1, 8 (1983)). Because there is a risk of inconsistent outcomes should this Court's evaluation differ from that of the transferee court, the transferee judge should decide the motion to remand. Therefore, this action is stayed in its entirety pending MDL transfer.
DONE and ORDERED.
Source: Leagle
