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No. 5905 Order by Judge Charles R. Breyer denying 3647 Motion to Remand

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 5905 (N.D.Cal.)
Motion to RemandDenied
Further, Plaintiffs explicitly seek “rescission of the purchase contract and restitution of all monies expended,” (e.g., Frech Compl., Prayer for Relief (emphasis added)), a request that clearly puts the full amounts paid to buy and lease the cars in dispute.
Contrary to an argument made by Plaintiffs, what VWGoA agreed to pay the owners and lessors of the same model cars in the 2.0-liter and 3.0-liter class action settlements, which this Court previously approved, is not an accurate proxy of the amounts in controversy in the ECF No. 3647 cases.
Because VWGoA does not have access to sales- price data, it hired Jay R. Lytle, an Analytical Services Manager at Urban Science Applications, Inc., to estimate the amounts that Plaintiffs paid to buy and lease 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.
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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No. 2596

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 2596 (N.D.Cal.)

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No. 1566

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 1566 (N.D.Cal.)

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No. 3670

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 3670 (N.D.Cal.)

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No. 3475

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 3475 (N.D.Cal.)

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No. 1094

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 1094 (N.D.Cal.)

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No. 5789

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 5789 (N.D.Cal.)

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No. 5977

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 5977 (N.D.Cal.)

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No. 2103

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 2103 (N.D.Cal.)

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No. 1075

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 1075 (N.D.Cal.)

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No. 978

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 978 (N.D.Cal.)

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No. 1013

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 1013 (N.D.Cal.)

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No. 5374

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 5374 (N.D.Cal.)

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No. 1254

Document In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:15-md-02672, No. 1254 (N.D.Cal.)

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No. 921

Document In re Xyrem (Sodium Oxybate) Antitrust Litigation, 3:20-md-02966, No. 921 (N.D.Cal. Mar. 28, 2025)

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