Wagner v. Volkswagen Group of America, Inc.

Filing 21

ORDER STAYING CASE in its entirety pending MDL transfer. Signed by Senior Judge Charles R. Butler, Jr on 4/25/2016. copies to parties. (sdb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

JANET WAGNER,

Plaintiff,

v.

VOLKSWGEN GROUP OF
AMERICA, INC.,

Defendant.

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CIVIL ACTION NO.
16-00069-CB-N

ORDER

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. Laborers 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 this the 25th day of April, 2016.

s/Charles R. Butler, Jr.

Senior United States District Judge