Stover v. Volkswagen Group of America, Inc.

Filing 13

STIPULATION AND ORDER TO REMAND 12 . Signed by Judge Charles R. Breyer on 4/8/2016. (afmS, COURT STAFF) (Filed on 4/8/2016)

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ARTHUR J. OBOLSKY, ESQ. Bar No. 265747
LAW OFFICE OF ARTHUR J. OBOLSKY
1808 Sixth Street, Berkeley, CA 94710
Tel: [phone]
Fax: [phone]
[e-mail]
ANTHONY J. SPERBER, ESQ. Bar No. 197962
LAW OFFICE OF ANTHONY J. SPERBER
1808 Sixth Street, Berkeley, CA 94710
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for
PLAINTIFF Kelly Stover

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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KELLY STOVER,

Case No. 3:16-cv-00605-CRB

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Plaintiff,
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v.

STIPULATION AND [PROPOSED] ORDER
TO REMAND

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VOLKSWAGEN GROUP OF AMERICA,
INC. and DOES 1 through 100,

[Assigned to the Hon. Charles R. Breyer]

Defendants.

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STIPULATION AND [PROPOSED] ORDER TO REMAND

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TO ALL PARTIES:

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PLEASE TAKE NOTICE that Plaintiff Kelly Stover and Defendant Volkswagen Group of

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America, Inc. (“VWGoA”) have entered into the following Stipulation:

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. 3:16-cv-00605-CRB

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WHEREAS, on June 4, 2015, Plaintiff Kelly Stover filed the original Complaint for

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Damages against Defendant VWGoA in the Santa Cruz County Superior Court. Her Complaint

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alleged three claims related to her purchase of a 2014 Volkswagen Passat TDI vehicle from

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Defendant: breach of express warranty, breach of implied warranty, and a “lemon law” claim based

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on California Civil Code section 1793.2(d)(2). These state law claims arose from the discovery that

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the vehicle purchased by Plaintiff had alleged defective and dangerous brakes, and Defendant

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allegedly could not make the vehicle conform to its warranties despite a reasonable number of

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repair attempts to the vehicle’s defective brake system by VWGoA and its dealer;

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WHEREAS, Plaintiff amended her Complaint in January of 2016 to include two additional
causes of action related to the emissions software installed by VWGoA in her vehicle;

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WHEREAS, VWGoA removed this action to the United States District Court for the

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Northern District of California where it became part of the consolidated case known as In re:

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Volkswagen Clean Diesel Marketing, Sales Practices, and Products Liability Litigation, Case No.

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3:15-md-02672-CRB;

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WHEREAS, Plaintiff filed a Motion for Remand to return this case to the Santa Cruz
Superior Court;
WHEREAS, all Motions for Remand filed in the consolidated case have been stayed by
Judge Charles Breyer;

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WHEREAS, the parties to the Stover case, and Lead Counsel to the consolidated case, now

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agree that if Plaintiff will dismiss without prejudice the emissions related causes of action from her

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Complaint, the Stover Lemon Law case should be remanded to the Santa Cruz Superior Court for

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further adjudication;

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WHEREAS, Plaintiff intends to have any emissions related causes of action adjudicated as

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an unnamed member of a putative class in In re: Volkswagen Clean Diesel Marketing, Sales

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Practices, and Products Liability Litigation, Case No. 3:15-md-02672-CRB;

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THEREFORE, the parties stipulate as follows:
The Stover case should be remanded immediately to the Santa Cruz Superior Court.

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. 3:16-cv-00605-CRB

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Upon the remand of the case to the Santa Cruz Superior Court, Plaintiff Kelly Stover will promptly

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dismiss, without prejudice, the two emissions causes of action that were added to her Complaint in

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January of 2016.

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AGREED:

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DATE: April 6, 2016

LAW OFFICE OF ARTHUR J. OBOLSKY
LAW OFFICE OF ANTHONY J. SPERBER

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By: __/s/ Arthur J. Obolsky________
Arthur J. Obolsky
Attorneys for Plaintiff
Kelly Stover

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DATE: April 6, 2016

SULLIVAN & CROMWELL LLP

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By: _/s/ Michael H. Steinberg_____
Michael H. Steinberg
Attorney for Defendant

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VWGoA

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AGREED:

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DATE: April

6, 2016

LEIFF CABRASER HEIMANN & BERNSTEIN

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By: __/s/ Elizabeth J. Cabraser________
Elizabeth J. Cabraser
Lead Attorney for Plaintiffs

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DATE: April

6, 2016

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HERZFELD & RUBIN, P.C.
By: ___/s/ Jeffrey L. Chase__________
Jeffrey L. Chase
Lead Attorney for Defendants
VWGoA

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. 3:16-cv-00605-CRB

[PROPOSED] ORDER

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SO ORDERED:
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Dated: April ___, 2016

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By:
The Hon. Charles R. Breyer
JUDGE, U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. 3:16-cv-00605-CRB