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No. 5916 Order by Judge Charles R. Breyer denying 3626 Motion to Remand

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 5916 (N.D.Cal.)

Motion to RemandDenied

None of the district court decisions cited above asked, in considering the amount in controversy, whether punitive damages would “actually be awarded.” For good reason.

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- Charles Breyer
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- Nicholas Benipayo
- Robert S. Mueller, III
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- Cotchett, Pitre & McCarthy
- Hagens Berman Sobol Shapiro

No. 185 MDL CONDITIONAL TRANSFER ORDER (CTO-04) (rcsS, COURT STAFF) (Filed on 12/18/2015) (Entered: ...

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 185 (N.D.Cal.)

Since that time, no 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.

The transmittal of this order to said Clerk shall be stayed 7 days from the entry thereof.

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No. 5934 Order by Judge Charles R. Breyer denying 3781 Motion to Remand

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 5934 (N.D.Cal.)

Motion to RemandDenied

Consistent with the pleading requirements outlined above, the Supreme Court has explained that “a defendant’s notice of removal need include only a plausible allegation that the amount in controversy exceeds the jurisdictional threshold.” Dart Cherokee, 135 S. Ct. at 554.

* * * Consistent with the approach VWGoA has taken in defending against other motions to remand in this MDL, it has hired Jay R. Lytle, an Analytical Services Manager at Urban Science Applications, Inc., to estimate the amounts that Plaintiffs paid to buy the cars.

Evidence at trial supported that BMW had a nationwide policy of not disclosing pre-delivery damage when the cost of repairs did not exceed three percent of the car’s suggested retail price, a practice that was illegal in some states but not in others.

Based on the awards in Johnson, Schiffer, and Gore, VWGoA argues that a conservative estimate of the punitive damages in controversy in Adams is $50,000 for each individual or couple who bought a TDI diesel-engine car.

That question was resolved, and answered affirmatively, last year: As explained in Chavez [v. JPMorgan Chase & Co., 888 F.3d 413 (9th Cir. 2018)], when we assess the amount in controversy at the time of removal, we must include all relief to which a plaintiff is entitled if the action succeeds.

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- Nicholas Benipayo
- Robert S. Mueller, III
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No. 975

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 975 (N.D.Cal.)

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No. 4996 ORDER by Magistrate Judge Jacqueline S. Corley Denying 4967 Volkswagen-Branded Franchise Dealers' ...

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 4996 (N.D.Cal.)

Motion to CompelDenied

With respect to the latter, Bosch asserts that the government investigations are not coextensive with the Franchise Dealers’ claims, and that the request would therefore lead to the production of documents that are not discoverable in this case.

The Franchise Dealers may obtain discovery of any nonprivileged matter that is relevant to their claims or defenses and that is proportional to the needs of their case.

Such “[d]irect requests allow a court to consider the relevance of the information sought to the specific claims and defenses in the pending case.” Wollam v. Wright Medical Group, Inc., No. 10-cv-03104-DME-BNB, 2011 WL 1899774, at *2 (D. Colo. May 18, 2011).

The plaintiffs there, seeking discovery of all documents produced by Chipotle in a separate case against it, submitted the complaint from the other action with their motion to compel.

Bosch has made clear to the Franchise Dealers and the Court that it “will not withhold relevant documents solely because they were previously produced to a government authority.” (Dkt. No. 4967 at 6.)

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